A trial team led by Jason Aaron and Alexandra Sued won a significant victory in a complex construction accident case involving a 2018 incident at a large commercial building project on Kings Highway in Brooklyn. The case stemmed from a subcontractor’s employee, who claimed he fell over 15 feet from an unsecured ladder while working on the site, sustaining injures including spinal surgery.
In a bifurcated trial, Fullerton Beck represented the plaintiff’s employer, a fireproofing contractor sued as a third-party defendant. Fullerton Beck was hired to defend contractual indemnification claims asserted by the general contractor and owner of the property. The general contractor sought a full pass-through of their liability for the accident to our client, even though they admittedly owned the ladder, placed the ladder and were responsible for securing and inspecting the subject ladder.
Through meticulous pre-trial work-up and careful presentation at trial, the jury found the general contractor 80 percent liable, leaving our client with only 20 percent liability, a dramatic reduction from the full liability position maintained by the direct defendants for years through the litigation. The finding of liability against the general contractor prevented their entitlement to total indemnification from our client and limited our client’s exposure to only 20%.
Regarding the damages portion of the trial, the 35-year-old plaintiff alleged he sustained serious injuries, including lumbar fusion and knee surgery, and sought more than $8 million in damages for pain and suffering, future medical care, and loss of enjoyment of life.
Our team successfully dismantled key elements of the plaintiff’s damages case and through strategic cross-examination and expert testimony demonstrated inconsistencies in the plaintiff’s account and presented compelling evidence of pre-existing, degenerative conditions unrelated to the accident. Our team raised significant causation questions about the injuries, given the lack of physical evidence of any injuries which one would expect following an alleged 15-foot fall – no bruising, no lacerations, no broken bones etc.
The case ultimately settled minutes before the jury was shown critical surveillance footage.
Led by Jason and Alexandra with critical support from the firm’s appellate partner Ed Guardaro, the trial team, paralegal, and medical review teams, this nearly five-week trial showcased our commitment to preparation, collaboration, and exceptional advocacy. The team presented so well, they were contacted and praised by jurors after the trial!
The win highlights the firm’s ability to handle high-exposure construction and labor law litigation with precision and tenacity, delivering exceptional outcomes for clients even in the most challenging jurisdictions.