Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
ARTICLE ID 49084
Alleged violation of Labor Law Sections ________, ________(6) and ________ - Plaintiff falls off roof while fixing air conditioning unit - Fractures of both legs.
Queens County
The male plaintiff brought this action alleging Labor
Law violations against the owner of the Carvel Ice Cream store
where he fell off a ladder that he had climbed to repair an air
conditioning unit on the roof. The plaintiff alleged that the
ladder slipped because the rubber safety pads on the feet of the
ladder were worn out. The defendant argued that: (1) the ladder
did not belong to the defendant; and (2) the plaintiff was
responsible for his injuries because of the way he placed the
ladder and his failure to follow directions as to the proper use
of the ladder provided by the manufacturer.
The plaintiff, in his 50s at the time of the fall, was married to
a partner of the corporation that owned the Carvel Store and was
the brother-in-law of the other partner. The plaintiff owned a
restaurant next to the Carvel store and owned the property on
which both the Carvel store and the restaurant were situated. The
plaintiff testified that when the ladder slid, he fell some 15
feet sustaining serious fractures to both of his legs.
The plaintiff brought claims under Labor Law sections ________ and
________(6) that were dismissed on the defendants motion for summary
judgment. The trial continued on the section ________ claim and on the
theory of common law negligence.
The former owner of the Carvel store testified that when he sold
the store to the defendant corporation, the ladder was included
in the sale. The plaintiff argued, therefore, that the ladder
did, in fact, belong to the defendant. The plaintiffs
construction safety expert opined that the feet of the ladder had
been significantly worn, reducing the necessary traction to grip
the ground. The defendants expert engineer opined that while the
ladder did show some wear on its feet, this was not the cause of
the accident, which he attributed to the plaintiffs improper
placement of the ladder.
The plaintiff demanded $________. While the jury was deliberating,
the defendant made an offer of $________ that was refused. The
trial was bifurcated. After a five-day-trail on liability and
after deliberating for a half day, the jury returned a defense
verdict.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.