Falls from a height, one of the most common and debilitating workplace injuries, can occur while working on a ladder, scaffold, roof, fragile surface or large machinery. Our client fell when a ladder slipped out from under him while he was repairing a window in a condominium development, suffering serious injuries. We asked the trial court to find in favor of our client as a matter of law, and the defendants asked the judge to dismiss the case as a matter of law. The judge agreed with the defendants, and we appealed.
The Appellate Division, Second Department agreed that it was a mistake for the judge to dismiss the case, and that at a minimum, a trial was required. The case was later settled on terms favorable to our client.