ADM prevailed on appeal of a personal injury claim on a construction site.
While the two plaintiffs were attempting to lower a power washer from a sidewalk bridge at a construction site managed by our client, a wall collapsed and the plaintiffs fell to the ground. The plaintiffs alleged Labor Law violations and common-law negligence. At trial, a jury returned a negligence verdict against our client, a third party defendant.
On appeal, the Appellate Division, Second Department overturned the jury verdict and accepted our argument that the defendant did not meet its burden that our client was negligent. The Court stated that "there was no rational process by which a jury could find that [our client]... was negligent." The Court also agreed with ADM that the jury engaged in impermissible speculation to find against our client.
With this decision, our client is as of now out of the case.