Justice Arlene Bluth
Plaintiff Couillard, a foreman employed by third-party defendant Newborn Construction Inc., contended that he was struck by a car driven by defendant Clark, who was working for defendant Women's Health Professionals Inc. at the time of the accident. Defendant The Shaw Group Inc. sought dismissal of the Labor Law §241(6) claims against it based on an alleged violation of the Barricade Rule, contending that the Barricade Rule is inapplicable and that it was only an engineering inspector without supervisory authority over plaintiff and the means and manner in which he conducted his work. Plaintiff sought partial summary judgment against Shaw, contending that it was an agent for the DOT and that it exercised authority in the project over Newborn's workers, including plaintiff. The court denied the motion, finding the applicability of the Barricade Rule a disputed issue of fact in this case. The court also found that while Shaw made its initial showing that it had no supervisory responsibility, plaintiff raised a material issue of fact as to that issue.
