Walls v. Turner Construction Company

In Walls v. Turner Construction Company, 4 N.Y.3d 861, 831 N.E.2d 408, 798 N.Y.S.2d 351 (2005), the Court of Appeals found that the particular construction manager was a statutory agent, and thus liable under Labor Law 240 when the plaintiff fell while attempting to construct a scaffold on a second floor window during the process of replacing windows. The construction manager's duties were, in the Court's opinion, atypical, in that the construction manager was under a contractual duty to monitor the window replacement, to make sure that workers were furnished proper safety gear, and to "immediately direct the Trade Contractors to cease work which constitutes an unsafe practice or hazardous condition."