Rocovich v. Consolidated Edison Co.

583 N.E.2d 932, 78 N.Y.2d 509, 577 N.Y.S.2d 219, 1991 N.Y. LEXIS 4930
CourtNew York Court of Appeals
DecidedNovember 25, 1991
StatusPublished
Cited by743 cases

This text of 583 N.E.2d 932 (Rocovich v. Consolidated Edison Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rocovich v. Consolidated Edison Co., 583 N.E.2d 932, 78 N.Y.2d 509, 577 N.Y.S.2d 219, 1991 N.Y. LEXIS 4930 (N.Y. 1991).

Opinion

OPINION OF THE COURT

Hancock, Jr., J.

The question in this personal injury action is whether Labor Law § 240 (1) applies to the particular activity in which plaintiff was injured. Plaintiff was • employed by third-party defendant King Insulation Company which had contracted to remove and repair insulation covering pipes on the roof of defendant’s power plant. The pipes were in a recessed area which ran the entire length of the roof. In the center of this recess was a trough, 18 to 36 inches wide and 12 inches deep, carrying a stream of hot oil, 4 to 5 inches in depth. As [512]*512plaintiff was about to step across this trough, he slipped and fell backward causing his right foot and ankle to become immersed in the oil. For reasons which follow, we hold that the accident was not covered by section 240 (1).

I

At the close of the evidence in the jury trial, plaintiff moved for a directed verdict on the issue of liability upon the ground that defendant had violated section 240 (1) in failing to provide required safety devices and that under that section his culpable conduct, if any, could not be considered. The court denied this motion and also refused plaintiff’s request that it submit the case to the jury as being covered by section 240 (1). Instead, the court submitted the case under section 241 (6) which places upon owners and contractors the duty of providing reasonable and adequate protection and safety to persons working on the job. Under section 241 (6) — as contrasted with section 240 (1) — culpable conduct of the injured person is relevant. Accordingly, the jury considered plaintiff’s comparative fault and returned a verdict apportioning 10% of the fault for the accident to defendant and 90% to plaintiff. Plaintiff’s damages were thus reduced by 90%. On plaintiff’s appeal to the Appellate Division, that court held that the trial court had properly submitted the case to the jury as being governed by section 241 (6) rather than section 240 (1), as plaintiff had requested. The Appellate Division unanimously affirmed the judgment insofar as it reflected the reduction in plaintiff’s award and modified in other respects (167 AD2d 524).

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Bluebook (online)
583 N.E.2d 932, 78 N.Y.2d 509, 577 N.Y.S.2d 219, 1991 N.Y. LEXIS 4930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocovich-v-consolidated-edison-co-ny-1991.