Brief Description of Case:
This is an action which plaintiffs seek Labor Law §§ 240(1), 241(6) and 200/ common-law negligence recovery for personal injuries allegedly sustained while working upon a renovation project at an elementary school building involving the installation of a new sub flooring. Plaintiff’s accident occurred when, while he was standing upon a section of metal decking which he was in the process of installing, it came apart, causing him to fall off its edge.
Court or Jury’s Decision and Reasoning:
The trial court granted our motion for conditional contractual indemnification against the general contractor and the steel installation prime contractor, holding that the District established, prima facie, that “the accident arose out of the negligent acts or omissions conducted during the course of work performed by an entity directly or indirectly employed by [the general contractor] and [prime contractor], [and] that its liability for the happening of the accident would be vicarious only.”