Justice David Schmidt
Cardo moved for summary judgment on the issue of liability under Labor Law §240(1). Defendants cross-moved for summary judgment dismissal. Cardo was injured when a 3,000 pound steel beam fell on him, causing injury to his right leg. He argued defendant owners were absolutely liable under §240(1), which afforded protection to construction workers exposed to elevation-related hazards. The court found Cardo demonstrated he was engaged in an activity subject to §240(1) protections and the beam constituted a load requiring securing for purposes of the undertaking at the time it fell. It stated the pay loader and fork attachments were safety devices under §240(1) that uncontrovertibly failed. The court concluded the task being performed presented a significant risk of injury such that defendants were obligated under §240(1) to use appropriate safety devices to secure the beam that fell. It ruled Cardo suffered injuries as a direct consequence of the application of the force of gravity to the beam being hoisted, establishing entitlement to judgment on liability. The court stated defendants failed to raise a triable issue as to any element of Cardo’s prima facie showing, denying dismissal and granting Cardo’s motion.
