Only defendant to win summary judgment in complex, multi-party Labor Law litigation involving serious injuries and substantial financial exposure
In a significant victory for construction industry professionals facing increasingly complex and high-exposure litigation, Wood Smith Henning & Berman (WSHB) secured summary judgment dismissing every claim against its client, a construction safety consultant/superintendent, in a multimillion-dollar workplace injury lawsuit in Brooklyn, New York. The ruling was particularly significant because of all the defendants seeking dismissal, WSHB's client was the only party to obtain summary judgment in full and the only defendant eliminated from the litigation.
The successful defense was led by WSHB partner Garry T. Stevens Jr., senior counsel Christopher McClain, and senior associate Jeremy Figueroa, who developed a targeted legal strategy demonstrating that the plaintiff's allegations could not overcome the fundamental limits of their client's authority and responsibility at the construction site.
"In construction litigation, there is often an effort to cast the widest possible net, particularly when the injuries are serious and the potential damages are substantial," said Stevens. "But simply having a safety-related title or being present at a construction site does not automatically create legal responsibility for every accident that occurs. Our strategy was to cut through the allegations, establish precisely what our client did and did not control, and demonstrate why the law required dismissal. The court agreed."
The lawsuit arose from a December 2020 accident during construction of a Brooklyn apartment building. The plaintiff alleged that he fell while working on stilts and sustained extensive injuries involving his cervical and lumbar spine, shoulder, elbow, wrist, and knees. His claimed damages included multiple surgeries, years of medical treatment and physical therapy, lost earnings, and a substantial workers' compensation lien.
The plaintiff commenced litigation in January 2021 against the property owner, general contractor, subcontractor, and WSHB's client, asserting violations of New York Labor Law and common-law negligence. With a global settlement demand in the millions of dollars, the case presented significant financial exposure and a complex web of competing allegations concerning construction site safety and responsibility.
Following four years of litigation and extensive discovery, the WSHB team identified the critical distinction that would ultimately determine the outcome. A safety consultant's involvement in a construction project does not, by itself, establish the supervisory control or legal duty necessary to impose liability.
The defense focused on the absence of evidence that its client possessed the requisite authority over the plaintiff's work or had notice of the condition allegedly responsible for the accident. Through carefully developed motion papers, deposition evidence, and controlling legal authority, the team demonstrated that the claims against its client could not survive summary judgment.
"The turning point was establishing the difference between a general responsibility for safety and the actual authority to direct or control the work that allegedly caused the injury," said McClain. "Those distinctions are critical under New York construction law, yet they can easily become obscured when numerous parties are named in the same lawsuit. We built a record that made those distinctions unmistakable."
During oral argument, the defense presented a focused explanation of the governing law and the undisputed evidence. The court granted WSHB's motion in full, dismissing all claims against the safety consultant/superintendent while the remaining defendants' efforts to obtain complete dismissal were unsuccessful.
"What makes this result especially gratifying is that we did not simply reduce our client's exposure. We eliminated it entirely," said Figueroa. "After years of litigation involving substantial claimed damages, we demonstrated that the evidence did not support imposing liability on our client. This is precisely why disciplined discovery, early identification of the dispositive issues, and a carefully constructed summary judgment record matter so much."
The decision carries broader significance for construction safety consultants, superintendents, owners, contractors, and their insurers operating in New York's challenging Labor Law environment. It reinforces the importance of evaluating each participant's actual responsibilities and authority rather than assuming every professional associated with jobsite safety shares liability for an accident.
"The best defense is not always the one that reaches a jury," Stevens added. "Sometimes the greatest victory is demonstrating that your client never belonged in the case in the first place. That is exactly what our team accomplished here."
The result reflects WSHB's commitment to delivering strategic, efficient, and decisive outcomes in complex construction litigation, combining rigorous factual development with a deep understanding of the statutory and common-law principles governing workplace injury claims.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well equipped to handle even the most complex and high-stakes litigation matters across the country.
