New York State Court of Claims

New York State Court of Claims

NEVILLE v. STATE OF NEW YORK, #2003-018-208, Claim No. 105105, Motion No. M-65916


Synopsis


Claimant's motion for summary judgment granted pursuant to §240(1) of the Labor Law.

Case Information

UID:
2003-018-208
Claimant(s):
DONALD S. NEVILLE
Claimant short name:
NEVILLE
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105105
Motion number(s):
M-65916
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
GREENE & REID, LLPBy: James E. Reid, Esquire
Defendant's attorney:
LAW OFFICE OF JOSEPH D. CALLERYBy: James C. Brady, Esquire
Third-party defendant's attorney:

Signature date:
March 26, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant has brought this motion seeking an order granting him summary judgment on

the issue of liability pursuant to Labor Law, §240(1).
On July 21, 2000, claimant was injured while engaged in construction work for his employer, Pardee Construction, at the Automotive Technology Center on the SUNY Morrisville campus. On the date of the accident, claimant was straddling a beam approximately 20 feet above the ground, replacing a set of bolts that had been placed the previous day. While doing so, a structural column broke away from the beam, causing the beam, with claimant, to fall to the ground. As a result, claimant sustained injuries. It is undisputed that there were no safety devices available to protect claimant while he was engaged in his work on the beam.

A co-worker of claimant, Brian Jacobs, was working with claimant on this date, and he was also injured as a result of the collapse of this beam. Mr. Jacobs has also filed a claim against the
defendant[1] and, by motion, previously sought an order of summary judgment as to liability. In a decision and order rrrr[r] dated November 8, 2002, this Court granted claimant's motion for partial summary judgment on the issue of liability based upon a violation of Labor Law, § 240(1).
Based upon the findings made in its decision and order in the
Jacobs claim, this Court must also find that claimant Donald S. Neville has established a prima facie case under Labor Law, § 240(1), and is also entitled to a judgment in his favor as to liability.
Accordingly, claimant's motion for summary judgment on the issue of liability based upon a violation of Labor Law, § 240(1) is hereby GRANTED.

A trial on the issue of damages shall be scheduled forthwith.

LET INTERLOCUTORY JUDGMENT BE ENTERED ACCORDINGLY.


March 26, 2003
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibits......................................................1, 2

Memorandum of Law............................................................................................3


Correspondence from James C. Brady, Esq., Attorney for Defendant..................4





[1]Brian Jacobs and Rebecca M. Jacobs v State of New York , Claim No. 102927.

[r]rrrr

Jacobs v State of New York
, (Ct.Cl.) Claim No. 102927, Motion No. M-65536, Fitzpatrick, J., November 8, 2002, UID No. 2002-018-179. Many unpublished decision and orders of the Court of Claims are available via the internet at this website www.nyscourtofclaims.state.ny.us/decisions.