NY 2nd Department Urges Plaintiff To Watch His Step When Leaving The Toilet
January 19, 2010
An electrician, hired by a subcontractor on a parking garage construction project at JFK airport, was injured when he fell after exiting a portable toilet located on the site. The plaintiff sued the general contractor, alleging common-law negligence and Labor Law § 200 violations.
The court granted the defendant's summary judgment motion, finding that the plaintiff had failed to identify the cause of his fall. The court held that the unlevel condition of the ground in 5-foot radius surrounding the portable toilet was irrelevant. Furthermore, the court dismissed the plaintiff's argument that the toilet wobbled in the past because the plaintiff had testified at his deposition that on this particular day the toilet was sturdy.
Thanks to Georgia Stagias for her contribution to this post.