(New York, New York) - In a major legal triumph, WSHB is pleased to announce that the Appellate Division affirmed the lower court's decision in a high exposure labor law case. The Appellate Brief was drafted by senior counsel, Courtney Scharpf, and argued by partner, Cole Munson. In its ruling, the court denied the plaintiff's motion for summary judgment citing critical issues of fact regarding the stability of the ladder at the center of this case.
"This outcome is a testament to Courtney's hard work and dedication," said New York co-managing partner Tracy Abatemarco. "She demonstrated exceptional expertise and commitment throughout the litigation process. Our success in this case highlights the firm's ability to achieve favorable results for our clients."
The case hinged on expert witness testimony presented by the defense, which concluded that the ladder in question was properly and adequately secured. The expert's findings revealed that the ladder was fastened at the top with metal tie-ins to the concrete superstructure and at the base with a secure 2x4 that was properly fastened and nailed. The expert's opinion played a pivotal role in refuting the plaintiff's claims and establishing that there were genuine questions of fact surrounding the alleged defects in the ladder that warranted the denial of plaintiff's motion for summary judgment.
Additionally, Scharpf drew the court's attention to statements made by the plaintiff to his supervisor following the accident in which the plaintiff attributed his fall to a loss of balance, further supporting the defense's contention that the ladder was not the cause of the accident.
The Appellate Division also affirmed the lower court’s decision as to Labor Law 241(6) as Defendants did not violate Industrial Code 23-1.21(b)(4)(ii) given that the relevant ladder was not on a slippery surface and because the bottom of the ladder had appropriately secured footing. The Appellate Division further affirmed the lower court’s decision that 23-1.21(b)(4)(iv) was inapplicable to the facts of the case as the ladder at issue was not a leaning ladder. Thus, Scharpf successfully defeated the motion for summary judgment on multiple points of contention.
"We are pleased with the Appellate Division's decision, which affirms the thoroughness of our expert's analysis as well as the strength of our defense rooted in the law," said Scharpf. "This outcome underscores our commitment to producing favorable outcomes for our clients and adherence to best standards in all our endeavors."
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