Partner, Patrick Whitford Delivers A Decisive Win In A High-Exposure NY Labor Law Case.

Another win for Partner, Patrick Whitford! Patrick achieved a complete victory in a high-exposure construction accident case, securing dismissal of all claims, including alleged violations of Labor Law §§200, 240(1), and 241(6). ​

Despite claims of severe injury requiring surgical intervention, the court granted full dismissal, rejecting each theory of liability asserted against our client.​
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The win didn’t stop there... Contractual indemnification was also awarded, fully transferring liability away from our client. The end result was elimination of seven-figure exposure through strategic discovery, targeted motion practice, and a disciplined, aggressive defense approach.​
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This outcome reflects BMM’s continued success in navigating complex New York Labor Law matters and delivering meaningful results where it matters most.​
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#BMMFirm #DefenseWins #NYLaborLaw #LitigationSuccess #ConstructionLitigation

Partner, Patrick Whitford Successfully Obtains Defense Verdict After Lengthy 4-Week Trial In Bronx County Supreme Court.

Partner, Patrick Whitford was recently awarded a defense verdict in a contested NY Labor Law matter following a four-week jury trial in Bronx Supreme Court.

This matter arose from an alleged construction site incident involving multiple parties, including the owner, general contractor, and various subcontractors, including our client, the carpentry and flooring protection subcontractor.

Plaintiff, a union worker, alleged he sustained severe injuries after an A-frame cart loaded with Masonite was moved into his work area and subsequently tipped, resulting in a compound fracture to his left leg. Plaintiff further alleged significant damages, including claims that he was unable to return to work and sought approximately $16 million in economic and non-economic losses.

At trial, the evidence focused on the absence of any direct proof linking our client to the creation of the alleged dangerous condition, as well as the multiple site coordination issues involving the general contractor. The defense established through documentary and testimonial evidence that responsibility for the condition most likely rested with other contractors on site.

Following deliberation, the jury found no negligence and no causal connection between our clients work and plaintiff’s alleged injuries. The jury further found that our client did not control the work site at the time of the incident, resulting in a finding of 0% liability. Liability was apportioned 90% to the general contractor and 10% to the plaintiff.

At BMM, results like this reflect the firm’s commitment to rigorous preparation, careful trial strategy, and consistent advocacy in complex, multi-party construction litigation. This outcome represents a complete defense victory for our client after a lengthy and hard-fought trial.

#DefenseVerdict #TrialVictory #ConstructionLitigation #PremisesLiability #PersonalInjuryDefense #CivilLitigation #TrialLawyers #NewYorkLitigation #BMM

Partner Patrick O’Haire Whitford Obtains Directed Verdict On Trial In Queens Civil Court.

Partner Patrick Whitford obtained a directed verdict in a property damage action in Queens. The plaintiff sought damages when she claimed that work by our client disconnected her from a sewer line connection. Our client was servicing the wastewater pipe of an adjoining property owner. Although she was warned to bring an attorney and witnesses to support her allegations, she appeared pro se and without any supporting proof.    

Patrick was able to object to each allegation that the plaintiff made during her opening and the presentation of direct evidence, successfully obtaining rulings excluding her testimony as either hearsay or lack of foundation.  At the close of the plaintiff’s case, Patrick’s motion for a directed verdict was granted and the plaintiff’s case was dismissed in its entirety.  Had it not been dismissed, three witnesses were prepared to testify that all of the plaintiff’s allegations were without foundation and contradicted by the documentary evidence in the possession of the NYC DEP and the consulting Arborist.

Patrick Whitford Obtains an Early Discontinuance in Labor Law Case

Attorney Patrick O'Haire Whitford obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff allegedly sustained serious injuries from a defective/dangerous piece of machinery.

The plaintiff’s alleged accident occurred as part of her work at a “project within a project”, where our client was the construction manager of a larger building renovation project, but the plaintiff was working on a separate, smaller restaurant renovation project, also taking place at the same location and time. It turned out that the plaintiff was under the supervision and control of a separate general contractor hired by the common owner/co-defendant. Even though our client was misidentified as having been involved in the work which allegedly caused plaintiff’s injuries, Patrick exchanged an affidavit to the other parties showing that our client did not belong in the case.  After reviewing the affidavit, the plaintiff and co-defendants agreed to a voluntary discontinuance in favor of our client.  The result was substantial time and cost savings for our client. In this matter the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution.