Casserino Wins Labor Law Trial in Otsego County Supreme Court

Kevin Casserino successfully defended a general contractor against Labor Law §200 and common law negligence claims stemming from the construction of a 160-unit apartment complex.  Plaintiff, who worked for a concrete subcontractor on the project, alleged he was injured when a wooden board that his co-worker threw struck him while he was performing concrete work on a foundation.  Plaintiff alleged he suffered severe and permanent injuries to his shoulders, neck, back, and legs as a result of the alleged accident.   Plaintiff further alleged as a result of the accident, he was unable to work in the future.  Kevin argued his client could not be held liable under Labor Law § 200 because the general contractor did not exercise supervisory control over any of the work the subcontractors were performing on the jobsite.  Further, Kevin argued that his client had no actual or constructive notice of how the concrete subcontractor was performing their work on the day of the alleged accident.  The jury deliberated for ten minutes before delivering a unanimous verdict for the defense.