New York Court of Appeals Set To Determine Whether Fall From Truck Is Covered Under Labor Law sec. 240(1)

The New York Court of Appeals heard during the February 2005 oral arguments in two appeals concerning whether a worker's fall from a trunk bed is covered under Labor Law sec. 240(1) -- Marvin v. Korean Air, Inc.  and  Toefer v. Long Island Rail Road.  The terse facts in Marvin state only that the plaintiff fell while descending from a truck flatbed.  The  Appellate Division, First Department held that the plaintiff was engaged in an activity that did not come within the ambit of sec. 240(1).

In Toefer the plaintiff was injured when he and a coworker were unloading steel beams from a flatbed of a truck at a construction site owned by the Long Island Rail Road. The plaintiff was using a wooden lever to push the beams off the side of the truck. The wooden lever sprang up, hitting the plaintiff in the head, and causing him to fall to the ground.  The Appellate Division, Second Department held that the risk the plaintiff had faced was a special hazard not within the contemplation of  section 240(1).

Thanks to T. Higgins for bringing these cases to my attention.