No Summary Judgment for Worker Allegedly Struck by Bag of Cement Mix

A New York appellate court ruled that a Labor Law claim by a worker who was allegedly struck by a falling bag of cement mix was not amenable to summary judgment. Case: Kim v. Franklin BH LLC, No. 2019-13372, 03/22/2023, published. Facts: Jin Kil Kim worked for World Hub Construction Inc. He allegedly suffered injuries when he was struck by a falling bag of tile cement mix at a construction site. According to Kim, there was an opening in the ground of the first floor through which 50-pound bags of tile cement mix were being lowered to the basement. The bags were being handed f...