Barreto v. Metro. Transit Auth.

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The New York City Transit Authority (NYCTA), on behalf of the Metropolitan Transportation Authority (MTA), retained P.A.L. Environmental Safety Corp. (PAL) to perform asbestos removal from electrical cables underneath city streets. PAL contracted with IMS Safety Inc. (IMS) to serve as site safety consultant. Plaintiff, an asbestos handler employed by PAL, sustained work-related injuries after falling through an uncovered manhole. Plaintiff commenced this action against IMS, the City of New York, NYCTA, and MTA alleging violations of the Labor Law and common law negligence. Supreme Court dismissed Plaintiff’s complaint against all defendants, concluding that Plaintiff was the sole proximate cause of his injuries because he disregarded his supervisor’s instructions. The Appellate Division affirmed, holding (1) IMS was not a statutory agent subject to liability; and (2) Plaintiff’s actions were the sole proximate cause of his injuries. The Court of Appeals modified the order of the Appellate Division, holding (1) the Appellate Division erred in concluding that Plaintiff’s conduct was the sole proximate cause of his injuries; and (2) Plaintiff raised triable issues of fact as to whether IMS, as a potential statutory agent, had the authority to supervise that portion of the work that brought about Plaintiff’s injury. Remitted to Supreme Court. View "Barreto v. Metro. Transit Auth." on Justia Law