DEFENSE VERDICT – LABOR LAW Sec. 240(1) [Csikos]
Jeffrey Van Etten obtained a Defense Verdict in a Labor Law case in the United States District Court, Southern District on October 21, 2022 before the Hon. Judge Valerie Caproni. Bailey-Schiffman against plaintiff’s counsel, John DellaJacono of Ronai & Ronai. The case involved a construction worker who claimed he fell from a ladder while performing demolition of a ceiling. After defendants submitted an expert confirming that the use of an A-Frame ladder was proper since the ceiling was only 8 feet and, having submitted evidence that there were differing versions of how the accident occurred, the 10 person jury unanimously found no violation of Labor 240(1) after 38 minutes of deliberation. This verdict resulted in a substantial savings to all involved as Plaintiff was 31 years old (28 at the time of the incident) and had undergone a two level Cervical fusion, along with a one level Lumbar Spine discectomy, and was alleging an inability to ever return to work. Plaintiff’s future Medicals and lost earnings were projected to $5,548,685 (future lost earnings of $2,104,432 and future medicals of $3,311,960). Should you have any questions on the verdict, please contact Mr. Van Etten directly.