WF&F Secures Dismissal in High-Exposure Case

WF&F won summary judgment in Suffolk County Supreme Court in a case where plaintiff fell through an opening of an elevated mezzanine during a construction project. The Court's decision essentially copied the arguments from WF&F's motion papers, while denying the summary judgment motions of plaintiff and the co-defendant.

The Court agreed there was no basis to support plaintiff's negligence and Labor Law section 200 claims against our client, a subcontractor on the project. The claims under Labor Law sections 240 and 241(6) were also dismissed, because our client was not an owner, general contractor, or statutory agent. Finally, common law indemnification was dismissed based on the active negligence of the owner.

Plaintiff suffered extensive facial and dental injuries, as well as a traumatic brain injury. The settlement demand at mediation was $5 million.

For more information on this case or other New York Labor Law issues, please contact WF&F lawyers Wendy Cardali, Stuart Glass, or Alisa Dultz, who collaborated on the win.