A New York appellate court has modified a previous ruling in a personal injury case involving a slip and fall incident at a loading dock. The case, Macri v. Fluor Enterprises, Inc., was decided on September 16, 2026, and affects the plaintiff, Leonard Macri, as well as several corporate defendants, including Fluor Enterprises, Inc., International Business Machines Corporation (IBM), and EMBE Home Solutions, Inc., also known as Certa Pro Painters.
The court's decision matters because it addresses the responsibilities of contractors and companies in maintaining safe working environments. The ruling could influence future personal injury cases related to workplace safety and negligence.
Background
Leonard Macri filed the lawsuit against Fluor Enterprises, IBM, and Certa Pro after he slipped and fell on a loading dock at an IBM facility in October 2014. At the time of the incident, Certa Pro had recently installed a new flooring system at the loading dock, which was intended to meet safety standards. However, Macri claimed that the flooring created a dangerous condition, particularly in the area where the flooring transitioned from a treated nonslip surface to an untreated one.
Macri argued that the defendants were negligent in their duty to maintain a safe environment. He asserted that Certa Pro failed to properly paint the loading dock floor and that the flooring system used was not adequately tested for slip resistance. The case eventually reached the Appellate Division of the Supreme Court of the State of New York after the Supreme Court granted summary judgment to several defendants, dismissing the complaint against them.
The Ruling
The Appellate Division modified the earlier ruling by denying the motions for summary judgment from Certa Pro and the Fluor defendants. The court stated, “The Supreme Court should have denied that branch of Certa Pro's motion which was for summary judgment dismissing the complaint insofar as asserted against it.” This ruling indicates that there were sufficient issues of fact raised by Macri that warranted further examination.
Additionally, the court found that IBM and Fluor Enterprises had not established that they were not responsible for creating a dangerous condition. The ruling noted that the plaintiff raised triable issues of fact regarding whether these companies contributed to the unsafe environment by directing the installation of two different walking surfaces that were not visually distinct from each other.
Impact
This ruling could have significant implications for personal injury claims in New York. It emphasizes the responsibilities that companies and contractors have in ensuring safety in their workplaces. The court's decision to allow the case to proceed means that Macri will have the opportunity to present his arguments and evidence in court.
The ruling also sets a precedent regarding the responsibilities of contractors when it comes to the safety of the environments they create or modify. It highlights that a contractor may be held liable if they fail to exercise reasonable care in their work, especially if their actions lead to a dangerous situation.
What's Next
The case will now return to the lower court for further proceedings. It is unclear if the defendants plan to appeal this ruling further, but the court's decision opens the door for Macri to pursue his claims against the defendants. Details were not available in the court filing regarding any related cases pending.











