A defense verdict was obtained by Hurwitz Fine Member David R. Adams for a general contractor and masonry contractor in a three-week unified jury trial. The case involved an accident at a construction site with allegations of negligence and violations of New York Labor Law § 241(6) and § 200. The importance of this victory is that this statute is considered, in many cases, to establish close to strict liability in construction accidents against the contractor and subcontractors. The plaintiff was injured attempting to stop a rough terrain forklift, which was rolling into an open street. Plaintiff alleged he sustained injury to both his lumbar spine and his right knee, requiring six surgeries and the implantation of a spinal cord stimulator. The demand of the plaintiff never dropped below the $6MM in available coverage.
After deliberations were concluded, the jury found that there was not an unreasonable violation to any of the charged six regulations under the New York State Industrial Code, that the work site was not unreasonably unsafe, and that neither of the defendants acted negligently.
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