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.
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