A worker that was injured following a fall through a floor has been declared entitled to summary judgment where liability is concerned. The man filed a Labor Law Section 240 (1) claim after falling through the floor on the mezzanine level of a building he was working on.


The claimant, Jorge Clavijo was an employee off Marlite Construction Corp. He was working in a building when he mistook a ceiling tile for a piece of plywood. He ended up falling through the floor completely and landing on the concrete floor below.


Clavijo filed a claim for violation of labor laws that included his employer and others. He stated in his claim that he was seeking a summary judgment for liability against the defendants based on the absence of safety devices at the worksite which could have prevented his fall.


His employer counter-stated that safety harnesses were in fact on the jobsite. However, the owner of the construction company did admit to not knowing where the harnesses were kept or whether employees knew how to access the harnesses.


Marlite had a contract with Atlas Terminals, named as a co-defendant in Clavijo’s claim. Atlas required in their contract that Marlite indemnify them for any issues or losses caused by negligence, carelessness, or conduct caused by Marlite.


The court decided the defendants did not prove Clavijo caused his own on the job injury or that he was an irresponsible worker. He was awarded summary judgment concerning liability.