A New York jury has ruled for the defense in a case brought by a worker who alleged that he fell and was injured at a Manhattan worksite.
Facts and Allegations
Justin France alleged that he fell down a stairwell while working at a renovation site on Park Avenue in Manhattan when he slipped on dust created by plasterboard.
Claiming that he injured his shoulders, Mr. France sued the renovation project's general contractor, Munro General Construction Inc., and the premises' owner, Three Park Avenue Building Co. LP.
Mr. France alleged that the defendants negligently failed to provide a safe workplace, that their failure created a dangerous condition that caused his fall, and that the hazard constituted a violation of the New York State Labor Law.
The defense suggested that Mr. France had fabricated the incident. It claimed that dust was not observed by workers who inspected the stairwell shortly after Mr. France claimed to have fallen and that plasterboard was not being handled near the stairwell and would had to have been transported past barriers to reach the stairwell. The defense further claimed that the stairwell was regularly inspected and cleaned.
The defense also contended that Mr. France's feet would not have slipped out from beneath him unless he had been running.
Result
The jury rendered a defense verdict, finding that the defendants were not liable for the accident.
The case is France v. Munro General Construction Inc., No. 506925/16 (N.Y. Sup. Ct. Kings Co. July 1, 2019). Attorneys involved include: Gerard N. Misk; Ginsburg & Misk LLP; for Justin France; Bruce A. Torino; Torino & Bernstein, P.C.; Mineola, NY for Three Park Avenue Building Co. LP; Douglas Langholz; Vigorito, Barker, Patterson, Nichols & Porter, LLP; Garden City, NY for B & G Mech LLC; Paul Vitale; Wade Clark Mulcahy LLP; New York, NY for Munro General Construction Inc.
Insurance Coverage Law Center Comment
This report is based on information that was provided by defense counsel. Additional information was gleaned from court documents. Plaintiff's counsel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].