DEFENSE VERDICT – LABOR LAW

George Mahoney obtained a defense verdict in a Labor Law case in Kings County Supreme Court  on February 19, 2020 before the Hon Justice Bailey-Schiffman against plaintiff’s counsel Lawrence Biondi.  The case involved a construction worker who claimed he tripped in an uncovered opening and due to poor lighting at the work site.   The jurors found no violations of Labor Law 200 or 241(6) based on either Sec. 1.7 (e) (1) (tripping hazard) or 1-30 (illumination).   The Court had reserved decision on a  directed verdict motion by plaintiff on Industrial Code Section 1-7 (e) (1), but held prior to the jury receiving the case that, as a matter of law, the area was a passageway and the 3” – 6” hole was a tripping hazard.  After the jury’s verdict the Court rendered a decision denying the motion.  This verdict resulted in a substantial savings to all involved as the primary carrier had already offered their $2 million limits to settle the case, an offer plaintiff declined prior to the verdict.  Plaintiff was 30 years old and had undergone multiple (5) surgeries and was alleging an inability to ever return to work.  Please feel free to contact Mr. Mahoney directly if you have any questions regarding the case or verdict.