Jury Rendered Defense Verdict in Labor Law Trial
A Hodgson Russ team led by Ryan Lucinski and Patrick J. Hines successfully defended a number of defendants, including a major construction company, a municipality, and a public school district, in a personal injury lawsuit filed by a union carpenter who fell and allegedly sustained career-ending injuries on a construction site jointly owned by the municipality and school district. The plaintiff claimed to have slipped on black ice, causing him to sustain serious injuries to his right shoulder that required surgical repair and left him permanently disabled from all future construction work. The plaintiff contended that the defendants violated Labor Law § 241(6) and certain predicate regulations of New York’s Industrial Code, Part 23. The plaintiff also alleged the defendants’ violation of Labor Law § 200 and common-law negligence. At trial, Ryan was able to exclude the testimony of plaintiff’s meteorological expert and counter with evidence of weather reports that refuted plaintiff’s alleged icy condition at the time of his fall.
At the conclusion of a two-week trial, the jury returned a unanimous verdict in favor of all defendants, thereby rejecting the plaintiff’s Labor Law and negligence claims.