April 20, 2015
Jones v. Avalon Gold LLC, et al.  

In a case where a construction worker lost part of his finger while on the job, we persuaded the Court to grant summary judgment to our client, whose employee operated the machine on which plaintiff lost part of his finger.  The Supreme Court, Kings County, dismissed the common law claim against the client, finding it did not create a hazardous condition that was the proximate cause of plaintiff’s injury.  The judge denied the Labor Law §200 claim, finding that the insured did not control the worksite and was not responsible for a safe worksite.  The Court thereafter denied the Labor Law §240(1) claim as there was no evidence of an elevation-related accident.  Finally, the Court also dismissed the Labor Law §241(6) claim because plaintiff’s Bill of Particulars lacked specificity as to the violations of the Industrial Code.  The Court then denied co-defendants’ cross-claims against the insured seeking indemnification and fees.  The case was dismissed without payment of indemnity dollars.