Court Upholds Summary Dismissal of Claim by Worker Allegedly Struck by Excavator

A New York appellate court upheld a grant of summary judgment dismissing a Labor Law claim by a worker allegedly struck by an excavator. Case: Mann v. Mezuyon LLC, No. No. 159185/16, 03/28/2024, published. Facts: William Mann allegedly suffered injuries while working as a drill blaster at an excavation site when he was struck by an excavator machine. Procedural history: Mann filed suit against Mayrich Construction Corp., asserting a claim for a violation of Labor Law Section 241(6). Section 241(6) imposes a nondelegable duty on owners and contractors to provide reasonable and adequate prot...