Case Results
Gordon & Silber Obtains Summary Judgment in Injury Claim at
Construction Site — May 2007.
Type of Case: Trip and Fall. Alleged defect at construction site left
uncovered leading to claim of deep vein thrombosis.
Venue: New York Civil Court, New York County.
Background Facts: Plaintiff fell at a construction site due to a 4"
depression 18" across in the sidewalk located 5-10 feet from the corner
of 94th Street and 1st Avenue. There were no witnesses. As a result of
his fall, plaintiff claimed he suffered trauma induced deep vein
thrombosis which required extensive several hospitalizations. Our
assured was a sewer contractor hired to install a sewer in the vicinity
of the accident. We presented evidence that the work was located 65
feet from the alleged accident location, and the assured's excavation
would have been several feet deep and covered with a metal plate, which
the plaintiff failed to describe at his deposition. Photographs
produced by plaintiff depicted the location of the assured's excavation
which was in the background of the photo distinct from the location of
plaintiff's accident.
Special Problems: Plaintiff failed to depose our assured and argued
that summary judgment was premature due to discovery not being complete.
Our Strategy: Not only did we support the motion with plaintiff's deposition testimony, his own photographs, an affidavit from the
principal of the assured, we also submitted site maps that showed
distances from our excavation to the corner where plaintiff fell.
Result: The court granted our client summary judgment.
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