Case: Construction Accident Case Dismissed
Counsel: Robert Von Hagen
Result: Summary Judgment Granted and All Claims Dismissed
MSD won summary judgment for an industrial cleaning company who contracted to provide labor and cleaning services at a major Brooklyn, high-rise construction project. The plaintiff was the job superintendent at the project and claimed he sustained serious injuries requiring multiple surgeries after he fell on a temporary staircase due to debris. Plaintiff asserted claims under New York’s infamous “scaffold law”, Labor Law 240, as well as a host of other detailed construction site regulations.
By submitting all parties’ testimony, the applicable contracts, and detailed analysis of the law and codes, MSD established that the cleaning contractor did not have the contractual or de facto authority to control the worksite or insist on proper safety practices. We also showed that the accident was not the type of scenario covered by the scaffold law.
While the Court denied motions and cross motion made by both the codefendant and the plaintiffs, MSD won a total dismissal of all claims against its client, after which time, the other parties settled with no contribution from MSD’s client or its insurer.