Gordon Rees Scully Mansukhani Westchester Partners Donald Derrico and Julia Braun achieved a complete defense verdict on behalf of a prominent New York college following a three-week jury trial in Queens County, New York, in a high-profile labor law case.
The plaintiff, a construction worker, sought $30 million in damages after falling from a roof while working for an asbestos abatement company hired by GRSM’s client to remove asbestos from a dining hall. The incident occurred while the plaintiff and his brother were dismantling an asbestos decontamination shed at the direction of their foreman. They were instructed to climb onto the roof to remove screws from plywood panels. During the process, the roof collapsed, causing both workers to fall approximately eight feet. The plaintiff landed on his head, rendering him unconscious. He underwent multiple surgeries for injuries to his neck, back, both shoulders, and both knees. In addition, the plaintiff claimed to have suffered a traumatic brain injury, resulting in early-onset dementia. Since the accident, he has been unable to work and was determined to be permanently disabled.
The plaintiff argued that the ladders provided for the task were unsuitable and that he was not given the appropriate safety equipment, such as scaffolding, which he claimed was necessary to complete the job. Under Section 240(1) of the New York Labor Law, property owners are strictly liable for injuries sustained by construction workers while working at elevated heights, unless the owner can demonstrate that the worker was provided with appropriate equipment or that the worker’s actions were the sole proximate cause of the accident.
In response to the plaintiff’s claims, GRSM filed a third-party action against the asbestos abatement contractor, seeking contractual indemnification. GRSM successfully obtained summary judgment on this claim. However, the contractor’s insurance carrier denied coverage for GRSM’s client due to a policy exclusion, which was later upheld in a separate legal action. As a result, the client remained responsible for any potential jury award.
Throughout the trial, GRSM argued that the ladders provided to the worker were appropriate for the task and that the plaintiff had disobeyed his foreman’s direct instructions not to climb onto the roof. The defense successfully demonstrated to the jury that the plaintiff’s own actions were the sole proximate cause of the accident. After nearly five hours of deliberation, the jury rendered a complete defense verdict, finding that the ladders were suitable and that the plaintiff was entirely responsible for his injuries. Before trial, the plaintiff had demanded a $10 million settlement, which was rejected.
This successful outcome underscores the ability of GRSM’s Construction and Product & General Liability practice groups to navigate complex cases and deliver favorable results for its clients.