An image of the Rhino tool, a pneumatic post installation driver that runs on an air compressor. Photo: Court DocumentsDecision of the Day: Court Holds Accident with Post Driver Was 'Bizarre Occurrence,' Dismisses Action Brought Under Labor Law §240
This ruling was selected and summarized by the New York Law Journal's decision editors.
January 30, 2025 at 08:35 PM
2 minute read
Plaintiff Victor D'Arrigo filed a lawsuit under Labor Law §240 over injuries he suffered during while installing a fence around a construction site. He sued various defendants, alleging that he was injured when a Rhino—a post pneumatic post driver—shot upward off a fence post and struck him in the head as it then fell downward.
Brooklyn Supreme Court Justice Aaron Maslow noted that there was no record evidence that a popping-up Rhino was a risk inherent in the tool's use—and said that his court was unable to find any case law that addresses the applicability of Labor Law §240 to claims arising from the use of a Rhino.
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