While working as a flagman on a construction site, a manlift malfunctioned and, in an effort to help, Antonio Simoes climbed into the aerial basket. Soon thereafter, when a co-worker nudged the machine over the curb, the vehicle fell and Simoes was injured.
After he filed suit against the City of New York, the Bronx County Supreme Court dismissed one of his Labor Law claims and an appeal followed.
Since his duties as a flagman didn't involve "elevation-related risks," the Appellate Division, First Department, thought Simoes was acting outside the "scope of his employment" when he attempted to fix the manlift and that he wasn't entitled to relief under Labor Law §240(1)--which requires that workers be given scaffolding and other elevation-related protective devices.
It did find that his other claim, brought pursuant to Labor Law §240(6)--which requires that workers be given "reasonable and adequate protection"--warranted further inquiry and examination.
Who's going down, now?
To view a copy of the Appellate Division's decision, please use this link: Simoes v. City of New York