New York, NY - [June 21, 2024] – Wood Smith Henning & Berman (WSHB) is pleased to announce a major legal victory for its New York office in a recent New York Labor Law case. Courtney Scharpf, a senior counsel in the firm's New York office, successfully defeated the plaintiff's motion for Summary Judgment on Labor Law 240(1) and obtained a dismissal of the plaintiff's Labor Law 200 and 214(6) claims, as well as contractual indemnification on our third-party action against the employer. Together with co-managing partner Tracy Abatemarco, Scharpf secured a victory in an area of the law where summary judgment wins are infrequent.
The case centered around a carpenter who claimed to have been struck by a falling object, arguing that it fell within the scope of Labor Law 240(1). However, Courtney and her team were able to present compelling evidence that contradicted the plaintiff's version of events. Three witness affidavits and deposition testimony played a critical role in establishing these contradictions.
During rigorous questioning, Courtney exposed several inconsistencies in the plaintiff's testimony. Initially, the plaintiff stated that the area of the accident was an elevator shaft with no floor above him. However, he later testified that there was another worker on the floor above him. Furthermore, the plaintiff provided varying accounts of how the accident occurred, ultimately admitting uncertainty about what actually happened. These contradictions undermined the plaintiff's claims and supported the defense's position.
"We are extremely pleased with the outcome of this case," said Courtney Scharpf. "Our thorough examination of the evidence and strategic questioning of the plaintiff allowed us to successfully defend our client against these claims. It is a testament to the hard work and dedication of our team."
This victory holds significant implications for the industry and sheds light on the ongoing challenges posed by fraudulent suits in New York's Labor Law. Tracy Abatemarco and Jim Tyrie, New York's co-managing partners, have been at the forefront of exposing these fraudulent claims and advocating for fairness in the legal system.
"This victory is a clear message that we will not tolerate fraudulent claims and will continue to fight for justice," said Tracy Abatemarco. "It reinforces our commitment to protecting our clients and the integrity of the legal profession."
“In my mind, the successful outcome of this case further establishes WSHB's reputation for methodically dissecting evidence and challenging false claims,” said co-managing partner Jim Tyrie. “As a firm, we are dedicated to providing exceptional legal representation and delivering favorable results for its clients.”
The victory in this case further solidifies WSHB's commitment to its clients and their legal representation. It demonstrates the firm's ability to diligently examine evidence, challenge false claims, and secure favorable outcomes. By successfully defeating the plaintiff's motion for Summary Judgment and obtaining dismissals on multiple claims, WSHB has once again proven its dedication to protecting its clients' interests.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over almost 500 lawyers across 41 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.