1/9/2009
Owsiany v. Thomas Zawalich, 24-Seven Electric & BFI Waste Systems
In Owsiany v. Thomas Zawalich, et al., plaintiff was hired by Thomas Zawalich to perform work. Thomas Zawalich and 24-Seven Electric occupied a building owned by our clients, BFI Waste Systems, pursuant to a barter agreement. While at the premises, plaintiff attempted to inspect a motor that operated an overhead garage door. He climbed a ladder owned by Zawalich to do this. As he was ascending the ladder, he fell, sustaining physical injuries. Plaintiff sued our clients under Labor Law Sections 200 and 240(1). Prior to trial, Peter Lo Palo moved for summary judgment, seeking to dismiss plaintiff’s Labor Law claims. He argued that the work plaintiff was performing was not covered by Section 240(1) and that our clients were not liable under Section 200 as they did not direct, control or supervise the plaintiff’s work. The Court agreed and dismissed plaintiff’s claims and co-defendants’ cross-claims.