The New York Appellate Division recently ruled in favor of Robert F. Hippert and his wife Michelle in their case against J. Rettenmaier USA LP. The court's decision, made on July 24, 2026, confirms that the defendants are liable under Labor Law for injuries sustained by Hippert when a steel grate fell from a catwalk and struck him. This ruling is significant as it reinforces the protections offered to workers under New York's Labor Law, particularly regarding safety measures at construction sites.
The case, identified by docket number 478 CA 25-01336, stems from an incident that occurred while Hippert was working at a facility owned by the defendants. At the time of the accident, Hippert was attempting to secure a catwalk to a dust collector when a steel grate fell from above. The ruling affects not only the plaintiffs but also sets a precedent for similar cases involving workplace injuries related to falling objects.
The dispute began when Hippert filed a lawsuit against J. Rettenmaier USA LP and its affiliate, J.R. Rettenmaier America, Inc., claiming negligence and violations of Labor Law. The plaintiffs argued that the defendants, as property owners, failed to provide adequate safety measures to protect workers from falling objects. The case was initially heard in the Supreme Court of Erie County, where the plaintiffs sought partial summary judgment on the issue of liability under Labor Law § 240 (1).
In the lower court, Judge Joseph C. Lorigo ruled in favor of Hippert, granting the motion for partial summary judgment. This decision prompted the defendants to appeal, arguing against the ruling that they were liable under the Labor Law. The case then moved to the Appellate Division, where the judges reviewed the facts and legal arguments presented.
The Appellate Division unanimously affirmed the lower court's decision, stating, "Plaintiffs established that defendants were 'owners' for the purposes of Labor Law § 240 (1).'" The court further elaborated that the plaintiffs proved the defendants violated this law and that this violation was a proximate cause of Hippert's injuries. The judges highlighted that the grate was indeed a falling object and that it fell due to the absence of adequate safety devices to prevent such accidents.
Judges Whalen, Lindley, Ogden, Nowak, and Delconte were part of the panel that decided the case. They emphasized that the evidence presented by the plaintiffs clearly demonstrated the defendants' liability under the Labor Law. The court's ruling reinforced the importance of safety measures in the workplace, particularly in construction and industrial settings.
This ruling has significant implications for workers' rights and safety regulations in New York. By affirming the lower court's decision, the Appellate Division has sent a strong message to employers regarding their responsibilities to provide safe working conditions. The ruling also serves as a reminder that workers have legal protections under Labor Law to seek damages for injuries caused by unsafe practices.
The decision may influence future cases where workers are injured due to falling objects or inadequate safety measures. It underscores the necessity for employers to comply with safety regulations and take proactive steps to prevent workplace accidents. This ruling could encourage more workers to come forward with claims if they feel their safety has been compromised on the job.
As for what comes next, the defendants may seek to appeal the ruling further, although details were not available in the court filing regarding their plans. If they choose to pursue an appeal, the case could potentially move to the New York Court of Appeals, the highest court in the state. Meanwhile, the Hippert family will likely proceed with their case to seek damages for the injuries sustained by Robert Hippert.