High Court Splits on Adequacy of Industrial Code Regulation to Support Labor Law Liability

A divided New York Court of Appeals ruled that the Industrial Code regulation pertaining to the operation of power buggies was not sufficiently specific to support a Labor Law Section 241(6) claim. Case: Toussaint v. Port Authority of New York and New Jersey, No. 16, 03/22/2022, published. Facts: Curby Toussaint worked for Skanska USA Civil Northeast Inc. He was struck by a power buggy while operating a rebar-bending machine at the World Trade Center Transportation Hub construction site owned by the Port Authority of New York and New Jersey. The power buggy was a small, self-powered vehicle...