Decisions of Interest

DeMartino v. Consolidated Edison Co., et al

Supreme Court, New York County, Index No. 110464/04

Plaintiff, a 35 year old concrete worker, allegedly fell after tripping on a partially buried ground cable while at the subject job site. As a result, plaintiff sustained a disc herniation requiring a posterior lateral fusion with insertion of a boomerang titanium cage, a laminectomy and discectomy, a torn meniscus and knee derangement.

Malapero & Prisco represented the electrical subcontractor responsible for installing the grounding cables in conjunction with the project and was granted summary
judgment in 2009 regarding plaintiff’s Labor Law 240(1) and 241(6) claims. The litigation proceeded to trial as to plaintiff’s common-law negligence claim against the insured subcontractor. Malapero & Prisco proved that, based on the evidence presented, the insured subcontractor lacked actual or constructive notice of the allegedly defective/dangerous condition and had not created the allegedly defective/ dangerous condition necessary to impose liability.

After a 12-day trial, the jury returned a defense verdict on December 21, 2011.