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Plaintiff James Trióla, employed as a laborer at a construction site, sustained injuries while cleaning sand inside steel tube pilings. He alleged that the defendants violated Labor Law § 240 (1) by failing to provide adequate safety devices while he traversed elevated concrete beams, leading to a fall. The plaintiffs moved for summary judgment on liability, asserting the hazard was elevation-related and that the defendants' failure to provide safety equipment was the proximate cause of injuries. The defendants contended the hazard was not elevation-related and that the plaintiff caused his own injuries. The Supreme Court granted the plaintiffs' motion, and the appellate court affirmed, concluding that the work involved an elevation-related risk and that the lack of safety devices was a proximate cause of the plaintiff's injuries.
Triola v. City of New York is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff James Trióla, employed as a laborer at a construction site, sustained injuries while cleaning sand inside steel tube pilings. He alleged that the defendants violated Labor Law § 240 (1) by failing to provide adequate safety devices while he traversed elevated concrete beams, leading to a fall. The plaintiffs moved for summary judgment on liability, asserting the hazard was elevation-related and that the defendants' failure to provide safety equipment was the proximate cause of injuries. The defendants contended the hazard was not elevation-related and that the plaintiff caused his own injuries. The Supreme Court granted the plaintiffs' motion, and the appellate court affirmed, concluding that the work involved an elevation-related risk and that the lack of safety devices was a proximate cause of the plaintiff's injuries.
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