Campbell's claim was based on Labor Law violations.
While the Bronx County Supreme Court granted Campbell's motion finding the defendants responsible for what transpired, it didn't agree that Columbus or Bovis Lend Lease Holding, Inc -- the project's construction manager -- had violated certain requirements of the Labor Law.
On appeal, the Appellate Division, First Department, concluded that the lower court had erred and should have found in Campbell's favor on additional grounds cited in his complaint, particularly since the defendants' failure to keep the gate to the shaft entrance closed (when the car wasn't present) violated the law.
As the AD1 observed, "Had the gate and safety bar had been in place when the hoist dropped, plaintiff would not have fallen regardless of which way he leaned or where he was looking."
Apparently, 13 was Campbell's lucky number. (Or was it?)
To download a copy of the Appellate Division's decision, please use this link: Campbell v. Columbus Ctr. LLC