Congratulations to Partner Joseph Guzzardo on obtaining a defense verdict in Supreme Court, Nassau County, on a labor law case involving a fall from a ladder that resulted in serious injuries to the plaintiff. Our client, a commercial property owner in Suffolk County, hired an outside contractor to paint the exterior of their buildings. Plaintiff, an employee of the painting contractor, claimed that he was on the top step of an 8 foot A-frame ladder when the ladder wobbled, causing him and the ladder to fall.
During cross-examination, Mr. Guzzardo got the plaintiff to admit that at the time of the accident, he was feeling faint, and lost his balance. Mr. Guzzardo was then able to introduce into evidence a hospital chart entry that contained a similar history, with no mention of the ladder wobbling, supporting the defense theory that the accident was caused by plaintiff’s loss of equilibrium. The contradictory versions of the accident told by the plaintiff, combined with the medical evidence, proved to be fatal to plaintiff’s case.