New York, NY- Wood Smith Henning & Berman is proud to announce a remarkable result for our client, a major construction company and property owner, in a high stakes negligence case. Despite the plaintiff initially securing summary judgment on vicarious liability, partner Cole Munson's strategic trial tactics led to the voluntary dismissal of claims against the client.
Following opening statements and the plaintiff's examination, the plaintiff agreed to dismiss the claims. The case involved a contention of common law negligence connected to a trip and fall incident allegedly caused by overlapped Masonite sheets in the lobby of the client's building. While the court found our clients not to be active tortfeasors, they were held vicariously liable for the negligence of their subcontractor.
"Securing the dismissal was a testament to our rigorous defense strategy and the skillful cross-examination conducted by our team," said New York co-managing partner, Tracy Abatemarco. "Our priority was to protect our clients from unwarranted liability and ensure justice prevailed."
The plaintiff, who alleged significant injuries including a 3-level cervical discectomy and a fusion at C3-6, as well as a $2.2 million in future medical costs, faced a substantial challenge. Prior to the trial, Munson filed a Motion in Limine to preclude recovery of past special damages, leading to the plaintiff withdrawing claims for past and future lost earnings and alleged injuries to his left wrist and lumbar spine. This strategic move significantly reduced the future medical claims to less than $1.5 million.
"Our clients faced a potential financial burden well beyond the subcontractor's $7 million coverage limit, making the stakes exceptionally high," stated Munson. "This case exemplifies our team's commitment to leveraging legal expertise to safeguard our client's interests."
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