The case involved a union electrical lineman who was burned while working on live overhead power lines for a local utility company when he accidentally crossed phases causing an arc flash. FCH’s client, the energy service company which employed the plaintiff, was impleaded by the utility. At the close of the plaintiff’s case, Tom joined in the motion for a directed verdict made by counsel for the utility. The trial court granted the motion concluding that the plaintiff failed to make out a prima facie case on any of his causes of action including common law negligence and violation of Labor Law §§200 and 241(6).