In Toefer v. Long Is. R.R. (4 NY3d 399, 828 N.E.2d 614, 795 N.Y.S.2d 511 ), the Court of Appeals denied recovery to plaintiffs injured when they fell four to five feet to the ground from the surface of flatbed trucks (Toefer, 4 NY3d at 405).
In Toefer, the plaintiff was injured when a wooden pole being used as a lever to lower beams from a four-foot- high truck bed flew up at him and propelled him to the ground (id.).
The Court held that the plaintiff "was working on a large and stable surface only four feet from the ground. That is not a situation that calls for the use of a device like those listed in section 240(1) to prevent a worker from falling" (Toefer, 4 NY3d at 408).