Justice Michael Stallman
Asbestos laborer Barretto sued to recover damages for injuries allegedly sustained when he fell through an uncovered manhole in the street in the course of his employment. He alleged violations of the Labor Law, and defendants moved for summary judgment dismissal of such claims. The court noted the uncovered manhole was related to the performance of Barretto’s work, and related to an elevation-related hazard, thus fell within the ambit of Labor Law §240(1). However, defendants asserted they were exempt from liability arguing Barretto was a recalcitrant worker and the sole proximate cause of his injuries. The court agreed finding Barretto had an adequate safety device readily available to him and knew where it was. Also, Barretto knew he was expected to deconstruct the containment area on the project only after the manhole was covered, as his supervisor specifically told him, including on the day of the accident. The court found Barretto offered no “good reason: for his failure to wait until the manhole was covered, finding he testified he was not paying attention, hence, did not notice the cover was missing. It ruled Barretto was the sole proximate cause of his injuries, concluding no claims for Labor Law or common-law negligence lay against defendants.
