The plaintiff, a demolition worker, was denied summary judgment against his employer, the defendant, in Velez v. The Keystone Building Corporation. The two sides disputed who was responsible for Mr. Velez’s fall from a ladder. He needed to climb a ladder as part of his work to reach a sidewalk bridge, according to an October 3, 2012 New York Law Journal article

The worker, in essence, said that he did not cause the fall. He told the court that his foot did not slip. He also said that the ladder was secure because it was tied down with a rope. The reason he fell, though, was that he lost his balance when the ladder started to move. The man had not received proper job training, however.

The article states that the employer claims that it “had no control over the manner in which Velez performed his work.”

The court found that the worker’s argument was ambiguous. The judge found that there was not a reliable way to tell if the ladder was properly secured, if he simply slipped and fell, or if the ladder moved. As a result the judge did not grant summary judgment.

If you or a loved one has been injured in an accident, you should contact a qualified attorney. You may be entitled to a settlement to help with medical bills; past, present and future pain and suffering; and lost wages, both past and future. Mr. Lutzky of Jayson Lutzky, P.C. has been practicing law in New York for over 29 years. You may contact his office to set up a free in person consultation, or in the case of serious injuries, a home or hospital consultation. Call 1-718-514-6619 or visit for additional information.