A carpenter in New York is now eligible to go to trial after he allegedly fell after walking on a wooden plank serving as an entrance ramp to a building he was entering.
Lincoln Creese was working for contractor Roy Kay, Inc when he claimed to have fallen from a wooden plank which was set up to be used as a ramp from the ground to the building’s doorway. The fall was estimated to be about 3 to 4 feet to the ground.
A trial for the injured worker was granted in order to establish whether or not the ramp in place was reasonably safe. It will also establish whether the project manager for the construction company and the owner of the land knew if there was a potential hazard to persons using the ramp to access the building’s entryway.
After the injury was sustained, Creese sued the landowner and the construction manager, claiming violations of labor laws. Kings County Supreme Court David Schmidt granted a summary judgment in favor of Creese. The court stated there was enough evidence provided to show the plank was being used for employees to enter and leave the building. The court deemed it reasonable that there are triable issues concerning the state of the plank and whether or not it was sufficiently secured for use and if employees had another alternative for accessing the work site. The court also said there were questions about whether there was any notice given about potential hazards posed by the plank.
