While Luis Medina was installing a new subway track, a 12-foot portion of a rail sprung upward and fell on his leg. But when he later sued the City of New York, claiming violations of the state's Labor Law, the Bronx County Supreme Court dismissed his case.
Since "gravity" hadn't caused his injuries, and there were no "elevation-related risks," the Appellate Division, First Department, thought his Section 240(1) claim had been properly thrown out. But because it was unclear whether the work constituted "routine maintenance," or a "demolition," the Appellate Division, First Department, sent his Section 241(6) claim back for further review.
We can't wait for the next leg.
To view a copy of the Appellate Division's decision, please use this link: Medina v. City of New York