Brady O’Malley secured a defense verdict after a jury trial in Warren County Supreme Court before the Honorable Robert J. Mueller. Brady represented the owner of a construction site. The owner had been sued for an alleged violation of Section 240(1) of the New York Labor Law, which imposes strict and absolute liability on owners of construction sites for failing to provide adequate safety devices to prevent workers from falling from a height. The Plaintiff was a 28-year-old laborer engaged in asbestos removal on the subject construction site when he allegedly fell head first through a ten-foot ceiling to the ground below and sustained a traumatic and permanent brain injury, as well as several disabling orthopedic injuries and resulting surgeries. After a three-week trial on liability and damages, the jury returned a unanimous defense verdict finding no liability against the owner under the Labor Law.
