Bast Hatfield, Inc. v. Gilman & Company Drywall, Inc.
In a severed third-party trial, partner Tom Mortati, Esq. successfully obtained a complete pass through verdict over and against the third-party defendant in this Labor Law Section 240(1) construction accident case. Plaintiff in the main action was an employee of the third-party defendant, Gilman & Company Drywall, Inc. He was injured in a work site construction accident on September 7, 2007 when he fell from a scaffold erected by our client, Bast Hatfield, Inc., while transitioning from a boom lift operated by the plaintiff. Bast Hatfield, Inc. was the general contractor on the construction site. The plaintiff suffered significant spine injuries requiring surgery and eventual implantation of a spinal cord stimulator. Plaintiff previously obtained a strict liability award against Bast Hatfield, Inc. under Section 240(1) of the New York State Labor Law. The third-party action we commenced against plaintiff’s employer was severed for trial and after a four day trial, the jury returned a verdict on January 30, 2015 finding the employer solely liable for the happening of the accident with no liability on our client, Bast Hatfield, Inc.