The claimant, a 44-year-old Union Local 806 bridge painter/sandblaster employed by CCA Civil/Halmar subcontractor Mimosa Construction, Inc., claims that he was injured on September 26, 2009, at a construction yard underneath the Alexander Hamilton Bridge in Bronx, New York.  He alleges that while trying to manually lift heavy steel tubes, he tripped/slipped on debris (an empty water bottle) on the bed of the truck he was standing on, causing the steel he was holding to hit his elbow.  He then fell onto the bed of the truck. The claimant brought suit against the State of New York and the New York State Department of Transportation in the Court of Claims alleging common law negligence and violations of Labor Law §§200, 240(1) and 241(6).  As a result of the accident, the claimant allegedly sustained serious personal injuries and never returned to work. Following a bench trial before Hon. Faviola A. Soto, the State and DOT successfully obtained a defense verdict thereby dismissing the claimant’s case.

Rocha v. State of New York et al., Index No. 117724 (N.Y. Ct. Claims 2012)