Addressing the deadly Washington D.C. train crash Debbie Hersman of the National Transportation Safety Board said the operator of the train that “slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident.” as reported in the Washington Post. Hersman said the “emergency brake button, known as the ‘mushroom,’ was depressed, and the steel rails showed evidence that the brakes were engaged.”
Fall Was The Result Of Elevated Related Risk
July 5, 2013
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.