Our Results
Cascone & Kluepfel, LLP is proud of our track record of success in
all areas of liability defense. Select a categoy below to view some of
our results.
Prior results do not guarantee a similar outcome.
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All Claims Dismissed against Client Elevator Contractor in a Wrongful Death Action
2/9/2024
In a wrongful death action alleging violations of Labor Law, §240(1),
§241(6) and §200/Common Law negligence, the plaintiff, an elevator
mechanic, was killed when a brick struck him from above in the courtyard
of the building. The building was undergoing two separate construction
projects at the time: one consisting of exterior façade work; with
the second being an elevator restoration project.
Our client, hired by the general contractor to perform the elevator restoration
work, subcontracted with plaintiff’s employer to perform certain
work. The accident, resulting in plaintiff’s death, occurred while
he was disposing of debris created by his work in the rear courtyard of
the building, with no overhead protection, he was struck by a brick.
Our client was initially brought in as a third-party defendant by the property
owner and general contractor who asserted claims against our client for
contractual and common-law indemnification. Plaintiff then asserted direct
claims against our client for negligence and violation of the Labor Law.
In our dispositive motion, we sought the dismissal of all claims against
our client on the grounds that: 1) our client did not have direction and
control over the injury-producing work and was, thus, not subject to liability
under the Labor Law; 2) our client was not negligent in that it did not
owe a duty to instruct plaintiff where to dispose of debris or direct
him not to enter the outside courtyard and; 3) the contractual indemnification
clause was triggered, as the accident was not “caused by”
our client’s work but rather caused by the brick façade work.
The court agreed with our arguments and dismissed all claims against our
client as a matter of law.
Plaintiff was otherwise granted liability against the other defendants
under Labor Law §240.
(New York County; January 2024)
Plaintiff’s Medical Award Reduced to Zero in Post-Trial Motion in alleged Brain Injury Case
2/9/2024
In this “damages-only” trial in Kings County Supreme Court,
a cyclist was struck by our client’s driver’s side door when
he opened it into the bike lane, allegedly resulting in severe injuries
to plaintiff’s head, shoulder, leg, and hand, including traumatic
brain injury (TBI) and cognitive deficits.
The jury agreed with our arguments at trial, and found that plaintiff suffered,
at most, a minor non-permanent injury. Despite asking for millions, the
jury awarded plaintiff just $20,000 for pain and suffering; $0 for future
pain and suffering; and $6,500 for one year of future medical costs.
Post-trial, plaintiff’s counsel moved to set aside the verdict as
being too low. We opposed, arguing the award for pain and suffering was
more than fair and should remain intact, and cross-moved to reduce the
award for future medical expenses to zero, arguing it was against the
weight of the evidence. Plaintiff’s motion was denied, and our motion
was granted. Plaintiff’s award for future medical expenses was reduced to zero.
(Supreme Court, Kings County, May 2023)
Another Defense Verdict on Causation in the Bronx for CK Law!
9/21/2023
We obtained a defense verdict following a 10 -day trial in the Bronx in
a premises liability case. Our client operated a grocery store in the
Parkchester section of the Bronx. Plaintiff, a customer, tripped and fell
over a weather mat. The incident was caught on video. Though plaintiff
prevailed on the issue of liability, with the jury finding our client
negligent, we prevailed on our causation defenses. Plaintiff, 55 at the
time, claims to have sustained medial meniscal tears that required arthroscopic
surgery. Plaintiff’s surgeon testified that would need a total right
knee replacement as a result. Through cross-examination of plaintiff and
her doctors and surgeon, the post-accident films, and expert testimony
from a Radiologist, we showed that plaintiff’s knee condition was
-pre-existing and not caused by the accident. The jury agreed and found
the fall was not the proximate cause of plaintiff’s knee injury.
Defense Verdict!
(Supreme Court, Bronx County, September 2023)
Owner and General Contractor Granted Dismissal on Labor Law §240(1) Claim
8/21/2023
Plaintiff, a demolition worker, claimed serious back injuries resulting
in surgery as a result of a fall while working on a large ramp with heavy
debris containers. Plaintiff alleged violations of Labor Law §240(1)
and §200 against our client Through use of co-worker testimony and
plaintiff’s statements at the scene, we established in our dispositive
motion that the owner and general contractor were entitled to judgment
as a matter of law. The Court confirmed that the Scaffold Law was not
violated on account of no real evidence of a significant elevation accident,
and confirmed that the site safety law (section 200) was not violated
on account of the fact that there no evidence of a dangerous condition
inherent in the property itself, and on account of evidence showing our
clients exercised nothing more than general supervisory authority over
the injury-producing work. Motion Granted!
(Supreme Court, Queens County, August 2023)
Dismissal of Labor Law Claims Upheld on Appeal.
8/21/2023
The Appellate Division, Second Department upheld the lower Court’s
dismissal of Labor Law §240(1), §241(6), and §200 claims
against our client. Plaintiff was hit by a falling pipe. Our office represented
an entity that was offered the General Contractor position, filed the
permit as the General Contractor, but was never granted the job. We prevailed
on motion arguing that our client never exercised the requisite supervision
and control required to trigger liability under the statutes. Plaintiff
argued that our witness was lying and alleged that one of our employees,
who happened to work for a subcontractor on the job, proved this. The
Court affirmed the dismissal and found that plaintiff’s assertion
that our witness was lying was insufficient to raise an issue of fact.
(Appellate Division, Second Department, August 2023)
Defense Verdict on Causation for David Kluepfel in Bronx County
5/23/2023
Plaintiff (48) claimed to have sustained a permanent traumatic brain injury
and cervical herniations that resulted in cervical laminectomy and fusion
surgery when a ceiling collapsed in her bathroom. We represented the defendant,
Bronx building owner, and argued that the case was a total exaggeration
– from the description of the incident to the claimed injuries,
none of which were sustained in the incident. Through aggressive cross-examination
of plaintiff’s doctors and witnesses and through the testimony we
attacked causation. We established that plaintiff did not sustain trauma
to her head, neck, or back, and that there was no objective evidence of
any head or brain injury whatsoever. Plaintiff’s claimed neck and
back injuries were the result of pre-existing, degenerative conditions
throughout her spine.
In the end, while the jury found our client was negligent, it agreed that
our client's negligence was not a cause of plaintiff's claimed
injuries. The Bronx jury returned a defense verdict on causation!
(Supreme Court, Bronx County; May 2023)
Counterclaims Dismissed against Client Driver via Summary Judgment Motion
4/14/2023
Plaintiff and his wife were seriously injured in a significant two-car
accident, when an SUV made a left tun front of their vehicle. We represented
plaintiff on the counterclaims asserted by defendant, as the driver of
the host vehicle. His wife’s injuries consisted of multiple fractured
ribs, broken teeth, and numerous cervical and lumbar herniations. On dispositive
motion seeking to dismiss the counterclaims, we successfully argued that
the SUV’s left turn was sudden and without warning, leaving our
client with no time to react. This was supported by the subpoenaed testimony
of an independent non-party witness, who we located via an investigator,
stating that the driver of the offending SUV was unable to view oncoming
traffic prior to attempting a left-hand turn into an parking lot. Our
motion was further supported by a certified police report and strong testimony
from our client.
The Court found that , we successfully satisfied our burden on motion that
our client was not negligent, and defendant failed to raise a trial issue
of fact. Motion granted! All counterclaims against our client were dismissed!
(Suffolk County, Supreme Court, March 2023)
Defense Verdict in Premises Case
3/13/2023
Following trial in Supreme Court, Queens County, Richard Calabrese obtained
a defense verdict on a premises case. Our client is a parking garage operator
located in Jackson Heights, Queens. Plaintiff testified that upon returning
to the parking lot to retrieve his vehicle, the lot and sliding gate was
closed, the lights shut, and the parking attended gone. Plaintiff then
attempted to open the sliding gate himself when it fell onto him, crushing
him and fracturing his leg and injuring his shoulder. At trial, we produced
employment records, the parking garage owner, and the parking lot attendant
working that evening who testified no such incident transpired, nor did
defendants have any notice of any defect with the gate. Following deliberations
the jury found that plaintiff did not have an accident involving the gate
at our client’s property.
Defense Verdict!
(Supreme Court, Queens County, March 2023)
Property Owner Granted Summary Judgement
1/16/2023
In trip and fall case occurring on a walkway in our client’s parking
lot, we prevailed on our motion for summary judgment dismissing all claims
and cross-claims against the property owner. Through testimony and documentary
records we established that our client was an out-of-possession landlord;
that our client’s one time repair to the walkway several years prior
was not a course of conduct counter to lease terms with tenant in possession
(co-defendant). The Court agreed we met out prima facia burden. Plaintiff
failed to raise a trial issue of fact as to the landlord’s obligation.
Case dismissed against property owner!
(Suffolk County, Supreme Court, January 2023)
224 results found. Viewing page 1 of 25.
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