In a decision dated July 20, 2017, Justice Gerald E. Loehr granted the summary judgment motion of our clients, Skanska USA Civil Northeast Inc., Tully Construction Co. Inc. and Skanska/Tully JV, dismissing the plaintiff’s complaint and all cross-claims against them as a matter of law. Skanska and Tully were members of a joint venture called Skanska/Tully JV, which was a prime contractor. The plaintiff sought to recover for injuries he allegedly sustained when he fell from a ladder while performing work at the Croton Water Treatment Plant in Bronx, New York. He commenced a lawsuit against, among others, our clients seeking to recover damages pursuant to Labor Law §§200, 240(1) and 241(6) and for common law negligence. In dismissing the plaintiff’s complaint, the Court found that our clients submitted sufficient evidence in admissible form proving that the joint venture was a prime contractor which did not have authority to (and did not) supervise the plaintiff’s work in connection with this accident. Accordingly, the Court found that Skanska, Tully and Skanska/Tully could not be held liable for the plaintiff’s accident.
Maloney v. Skanska USA Civil Northeast Inc., et al., Index No. 030879/14 (Rockland Co. Sup. Ct., Jul. 20, 2017)
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This post was written by Sander Rothchild