Michael Flake won summary judgment in Westchester County on a difficult Labor Law case. Plaintiff and co-worker were painters preparing the walls in one of the rooms of a one-family residence. The two co-workers were standing on a platform that was 3 to 4 feet from the floor, supported on each end by A-frame ladders. During the course of his work, plaintiff stopped to descend the platform with his right foot onto the floor and felt “something was on the floor,” “got tangled with something that was on the floor,” and fell backwards, causing several injuries, including a cervical fusion surgery. The court ruled plaintiff was unable to identify the source of the materials on his boot, or the cause of his fall, without engaging in speculation. Also, the debris present on the subject construction site was an open and obvious condition that was readily observable and not inherently dangerous. As a result, the Court dismissed the complaint in its entirety.
Nice Win for Flake in Westchester
Smith Sovik has attorneys that specialize in different fields of law from coverage and pollution to New York labor law. The attorneys that I have dealt with are extremely talented in their fields of expertise. I have always found the firm to work well with insurance carrier staff. They are very responsive to calls and correspondence and always timely.
