Recently, Partner Michael Tobin obtained a defense verdict in the Court of Claims, dismissing all of the claimant’s causes of action against our client, The State of New York, pursuant to Labor Law §§240(1) and 241(6).  The claimant, a Local 731 journeyman laborer, alleges that he was working on the Slosson Avenue Overpass in connection with the reconstruction of the Staten Island Expressway and Bus/HOV Lane Extension, when his safety harness became caught on an exposed piece of rebar causing him to fall and sustain personal injuries. In her July 26, 2024 decision dismissing the lawsuit, Judge Rodriguez-Morick held that the claimant failed to meet his burden by establishing a violation of the Labor Law because he “testified incredibly” given the evidence that the defense was able to establish at trial.  The Court held that defendants’ evidence was credible because it included the detailed testimony of the claimant’s non-party employer’s safety manager regarding the bridge’s demolition procedure with supporting time-stamped photographs, as well as his testimony regarding his contemporary accident reporting with statements and photographs.  Mr. Tobin was able to effectively cross-examine the claimant to highlight the inconsistencies of his testimony against the defendant’s evidence, as well as his own testimony.   The Court held that its reservations about the claimant’s “accuracy and credibility prohibit it from finding liability against the State on this record.”

Calvin Ross v. The State of New York, Index No. 522934/2018 (Court of Claims, July 24, 2024)