Catherine J. Fiorentino Wins Summary Judgment in Fall from Ladder Case
Monday, December 9, 2019
Catherine J. Fiorentino recently won summary judgment in a case involving an electrician who fell from a ladder, earning a dismissal of all claims against the defendants, including plaintiff’s Labor Law 240(1), 241(6) and 200 claims. Even though plaintiff fell from a ladder that allegedly moved, the court held that plaintiff was the sole proximate cause of his accident, as argued by Ms. Fiorentino in her motion papers. While earning a victory on the sole proximate cause doctrine is rare in a 240(1) case, Ms. Fiorentino’s diligent handling of each of the party depositions created the requisite foundation for the hard-earned dismissal.