Gallardo Levin Reiter & Rogers Partner Christopher Rogers obtained a defense verdict after a jury trial in Rockland County Supreme Court in a case in which the plaintiff alleged that Gallardo Levin Reiter & Rogers‘ client, a religious girls school, violated Labor Law §240. The plaintiff claimed that he sustained serious injuries after falling from a ladder while painting a staircase in the school as a result of the school’s failure to provide sufficient safety devices as mandated by the statute. Through the medical evidence and the expert testimony of an orthopedic surgeon and biomechanical engineer, Gallardo Levin Reiter & Rogers was able to successfully demonstrate that plaintiff’s claimed injuries were all pre-existing and degenerative in nature. The jury unanimously found that although plaintiff fell from a height on the date of the alleged accident, the fall was not a proximate cause of his injuries. Gallardo Levin Reiter & Rogers Associate Frank Rosenfield handled the pre-trial discovery and his effort was instrumental in achieving this result.
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