DSB Partner, Justin Rowe, obtained a defense verdict on a New York County Labor Law 240 claim. The case was tried because the court, on a motion for summary judgment, found that there were questions of fact as to whether the accident occurred and whether Labor Law 240 was violated. During trial, plaintiff claimed he fell from an A-Frame ladder while reaching around a piece of furniture while painting. DSB produced witnesses to show that there was no A-frame ladder on site, there was no furniture similar to plaintiff’s description, and that the unwitnessed accident never occurred. We also argued that there was a platform ladder available to plaintiff, which all experts agreed was safe, but plaintiff chose not to use it. The jury returned the verdict in a little over an hour finding that the accident did not occur.
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