According to New York State law -- Labor Law § 200 -- the owner or general contractor of a construction site has a duty to maintain safe conditions for its employees.
In Perrino v. Entergy Nuclear Indian Point 3, LLC , Anthony Perrino, a construction worker, was injured when he tripped over a valve that had not been properly roped off. When Perrino filed a claim against Entergy in the New York County Supreme Court, the company responded with a motion seeking the case's dismissal.
After the Court denied Entergy's motion, the company appealed to the Appellate Division, First Department.
Because Entergy played an active role in choreographing crane operations, cordoning off dangerous areas, and regularly inspecting the work site, the AD1 agreed that questions existed with regard to the company's ability to prevent Perrino's injury and whether there had been notice of the condition's existence. In other words, the case is going to trial.
We imagine Perrino was radiating after that decision.
To download a copy of the Appellate Division's decision, please use this link: Perrino v. Entergy Nuclear Indian Point 3, LLC