Fernandez v. New England Motor Freight, Inc., et al.
The plaintiff was injured while unloading subway equipment.  He sued the motor freight company carrying the parts for his employer to perform repair work for our client, the New York City Transit Authority at NYCTA's rail yard.  The motor freight company sought contribution from NYCTA, arguing that NYCTA failed to supply the equipment necessary for plaintiff to safely perform his job.  We moved for summary judgment seeking an order that NYCTA did not owe a duty to either the plaintiff or the carrier because NYCTA did not direct, supervise or control the unloading of the delivery truck and that the proximate cause of the accident was the plaintiff's decision to unload heavy materials without the use of a forklift.  The District Court of the Southern District of New York granted our motion to dismiss holding the plaintiff's failure to request the forklift and found no evidence that NYCTA owed a duty to the plaintiff that was breached.  The case was handled by Michael J. Rabus, Brian F. Mark and Patrick Magee.