Carletta Sims filed suit after she was injured while working on a building owned by the City of Rochester. When her request to have the City found liable for her injuries was denied, the woman appealed to the Appellate Division, Fourth Department.
In order to prevail on a Labor Law claim, a party must prove that some statutory violation was the cause of the injury. Here, Carletta’s own submissions offered “inconsistent versions” of what had happened.
While she claimed to have fallen off a scaffold, one of her co-workers asserted that Carletta was working on the ground level clearing debris when the scaffold collapsed. No one saw the scaffold “fall on or otherwise strike” her.
Since there were unresolved “questions of fact,” the AD4 thought that the issue of liability needed to await a formal hearing or trial.
That sure wasn’t her platform.
To view a copy of the Appellate Division’s decision, please use this link: Sims v. City of Rochester