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.

Summary Judgment Dismissal of Wrongful Death Labor Law Action.

Plaintiff’s decedent, a construction worker, fell to his death from an allegedly defective pipe scaffold. Our client supplied and supervised the installation of the scaffold. On motion at the conclusion of discovery, we established that our client was free from negligence as a matter of law. We proved that the scaffold was initially built in accordance with approved plans, and that the alleged defect - an unguarded area of the scaffold - was created by the decedent’s employer during unauthorized subsequent modifications it made to accommodate the work. Case dismissed! (Supreme Court, New York County, December 2018)

Labor Law: All Claims Dismissed against Employer when Employee Struck with Falling Sheetrock

11/1/2018

Plaintiff, a foreman employed by our client, third-party defendant, was in the process of dismantling a material/man hoist mast attached to the exterior of a 24 story building. During the dismantling plaintiff was struck in the back of the neck by a dislodged board of previously installed DenGlass (exterior sheeting product) from one story above. The worker sustained cervical injuries and underwent a cervical fusion and alleged a Traumatic Brain Injury. Plaintiff sued the owner, general contractor, and DensGlass installer. Our client was brought in as a third-party defendant by the owner and general contractor.

Plaintiff asserted causes of action under Labor Law §§240(1), 241(6), 200 and common law negligence against the owner, general contractor, and DenGlass installer. Plaintiff and all direct defendants all attempted to advance that it was our client’s hoist removal work that caused the DensGlass to become dislodged. We successfully argued that Labor Law §240(1) was inapplicable to this falling object as it was not in the process of being hoisted or secured at the time of the accident, nor did the DensGlass require securing for the purposes of plaintiff’s hoist removal work. The Court further agreed that the area where the DensGlass fell was not one normally exposed to falling objects, dismissing the Labor Law §241(6) claim on the grounds that the alleged industrial code was inapplicable. All third-party indemnity and contribution claims were rendered moot. (Supreme Court, New York County November 2018)

Labor Law Action Dismissed on Summary Judgment

The construction worker plaintiff claimed severe injuries when he was struck by a falling light fixture during the renovation of a commercial building. Plaintiff sued the owner and our client, the alleged general contractor. Plaintiff asserted causes of action under Labor Law §§240(1), 241(6), 200 and common law negligence. We argued that our client was merely a construction manager with no authority or control over plaintiff’s work, and thus not a “contractor” for purposes of the Labor Law. We also argued that, in any event, Labor Law §240(1) did not apply because the pre-existing light fixture was not an object that required hoisting or securing. We argued that the sole Industrial Code provision relied upon by plaintiff in support of his Labor Law §241(6) claim was not applicable because the area was not normally exposed to falling material or objects. Regarding plaintiff’s Labor Law §200/negligence claims, we argued that our client did not have notice of any problems with the light before the accident. The court agreed with all of our arguments and issued an order dismissing plaintiff’s complaint and all cross-claims against our client as a matter of law. (Supreme Court, Suffolk County, October 2018)

Defense Verdict: Jury Found no Serious Injury Following Trial

10/1/2018

With liability in this two-car rear-end accident previously awarded to plaintiff, a damages only trial was held. Through the use of prior medical records and an expert radiologist, a unanimous jury verdict was reached finding that plaintiff’s alleged cervical and thoracic herniations were not causally related to the accident. (Supreme Court, Suffolk County October 2018)

Defense Verdict for Property Owner in Slip and Fall on Snow and Ice

Our client, owner, and operator of a bungalow colony located in Upstate New York found by a Queens County jury to have acted reasonably under the circumstances in maintaining the property after the trial. The bungalow colony, a several acre facility, operates only in the summer months. Plaintiff was picking up the sole caretaker for the property charged with safeguarding it during the winter months from trespassers. The caretaker was not tasked with maintaining the property. Plaintiff slipped on snow and ice located in the walkway leading up to the bungalow the caretaker was staying in. (Supreme Court, Queens County August 2018)

Summary Judgment on Liability in Thirty Two Vehicle Pile Up Accident

6/1/2018

Plaintiffs in three consolidated personal injury actions stemming from a 32 vehicle pileup accident on an overpass on the Bronx River Parkway sued all vehicles involved. The various plaintiffs alleged severe serious injuries as a result. Through the use of party testimony and accident scene photographs, we obtained dismissal of all three personal injury actions against our clients by establishing that our clients’ vehicle was located ahead of all three plaintiffs’ vehicles. As well, we showed that no parties or witnesses identified our clients’ vehicle as causing or contributing to the groupings of accidents that culminated in the pile-up of 32 vehicles. (Supreme Court, Westchester County June 2018)

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