Worker's Fall on Earthen Ramp Doesn't Give Rise to Labor Law Liability

A New York appellate court dismissed part of a worker’s Labor Law claim, finding his fall on an earthen ramp did not involve a risk from a physically significant elevation differential. Case: Herrera v. Kent Avenue Property III LLC, No. 304215/13E, 03/15/2022, published. Facts: Erwin Herrera suffered injuries on a construction site when he was struck by an excavator while he was bringing debris up an earthen ramp. He then allegedly rolled down the ramp after being struck. Procedural history: Herrera filed suit against Kent Avenue Property III LLC and JE Levine Builder Inc., asser...