Ryan P. St. Louis v. Town of North Elba

Summary

The New York Court of Appeals affirmed the Appellate Division’s denial of summary judgment, holding that 12 NYCRR 23‑9.4(e) applies to front‑end loaders used to lift construction materials, thereby supporting a Labor Law §241(6) claim. The Court noted that the issue of proximate cause and comparative negligence remains for a jury. Justice Smith dissented, arguing that the regulation’s plain language limits its application to power shovels and backhoes.