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Going Up? Not via Labor Law 240.

March 19, 2010

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Plaintiff James Sinkaus was standing on a ramp at a work site. His co-workers were pushing some sort of cart up the ramp and the cart rolled over the plaintiff's foot. The plaintiff filed a claim under Labor Law 240, claiming that this was a gravity-related accident.
The court rejected the plaintif's claim, pointing out that the cart was going up and, of course, gravity operates in the opposite direction.
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