In this Supreme Court Queens County trial, plaintiff claimed that he sustained injuries as a result of motorcycle crash.  Plaintiff alleged that our client, a public utility, negligently performed underground work that resulted in the creation of a pothole on a busy New York City street after failing to properly backfill and resurface an area that had been excavated.  

Mr. Glass focused on securing testimony that our client’s contractor controlled the “means and methods” of their work, which satisfied the criteria to establish their legal classification as an “independent contractor.”  In answering this verdict question in our client’s favor, the jury did not even consider questions of liability or fault.  

Critical to this defense verdict was Mr. Glass’s adept cross examination of plaintiff’s expert, which highlighted his command of the technical issues concerning soil compaction, geological principles and construction. This case was further complicated by the dismissal of a juror after days of deliberation, which was contested by plaintiff’s counsel. The trial court agreed with our contention for dismissal over plaintiff’s objection. This decision required the entire panel to recommence deliberations, ultimately resulting in a defense verdict for our client.

To learn more about this result or other ways Fleischner Potash can help your claims team, please contact Stuart Glass at sglass@fp.law

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