Justice William Rebolini
Schwarz moved to set aside a verdict and direct entry of judgment in his favor on a Labor Law §240(1) cause of action. Schwarz fell from the roof of Valente defendants’ premises. The jury determined Valente violated §240(1) by failing to provide adequate safety devices. Yet the violation was found not to be a “substantial factor” of the fall. Schwarz argued the finding was inconsistent with their conclusion that they violated §240(1), alleging no fair interpretation of the evidence could support such a verdict. He claimed the finding of liability on the violation of §240(1) was “inextricably interwoven” with causation, thus it was logically impossible for the jury to find against Schwarz on causation. The court agreed, stating the jury’s finding of a violation of §240(1) was inextricably intertwined with the question of proximate cause, hence such a violation was a substantial factor in the accident. It stated the only inference to be drawn from the evidence at trial was that the failure of Valente to provide adequate safety devices was the proximate cause of the accident and injury. Thus, the motion to set aside the verdict as a matter of law was granted, and Schwarz was awarded judgment on his §240(1) claim.
