Kelleher v. Power Authority

In Kelleher v. Power Authority, 211 A.D.2d 918 [3rd Dept. 1995], the plaintiff was on a ladder operating a rotary compression drill. When the ladder "shifted a few inches ... plaintiff moved his left hand to steady himself [and] the strap on his gloved hand was caught pulling his hand into the drill and causing injury ..." (at 918). It would appear that an inadequate safety device and the force of gravity did play a part since plaintiff was injured while "steadying himself." However, the Third Department held that: "The injury sustained by plaintiff was not an elevation-related risk of the type intended to be covered Labor Law 240 (1) and under the facts of this case and in the absence of a fall, we find that plaintiffs' action does not come within Labor Law 240 (1)." (211 A.D.2d at 919-920.)