SR&A Obtains Summary Judgment in Bronx County Labor Law / Products Liability Case
Caccavale v. The Port Authority of New York and New Jersey, et al., Supreme Court, Bronx County, 13876/02
Martin Adler recently obtained summary judgment dismissing all claims against our client in a Labor Law / products liability action in the Supreme Court of the State of New York, Bronx County. Plaintiff was operating a man lift from its bucket at an elevation of 20-25 feet when the bucket was struck by another man lift, causing both to topple to the ground. It was claimed that certain mechanical components in the man lift, which were distributed by our client, were defectively designed and/or manufactured and not suitable for outdoor applications. We successfully argued that there was no evidence proffered to show any design defect or any corrosion within the sealed component, but that all available evidence, including expert inspection, indicated that the components in question had been substantially physically damaged through misuse and a failure of the owner to inspect the man lift. The Court agreed, holding that the evidence adduced failed to establish any negligent conduct on the part of our client proximate to the plaintiffs accident.