![]() ![]() “Ultimately, we won because of our intimate knowledge of the statutory liability framework under the Labor Law, extensive research and investigation at initial case intake, and development of a robust legal strategy targeted at dismissal that was implemented at every stage of litigation,” Habeeb said. Justice Frank agreed and granted the motion. ![]() She did not perform any construction work for the event at all.”įor this reason, Habeeb moved for summary judgment dismissing the plaintiff’s “Scaffold Law” claims. ![]() “In this case, it was very clear from the get-go that this was not a traditional ‘Scaffold Law’ case because the plaintiff’s work at the time of the accident produced only cosmetic changes to the truss structure – she used zip-ties to attach a vinyl banner to an already-completed structure. Habeeb noted that “as soon as we were retained and had an opportunity to review the facts, we knew that this was not Labor Law case – and in fact was not even a case in which the plaintiff had any meritorious claims against our clients.”Īccording to Habeeb, liability under New York’s “Scaffold Law” requires that the injured worker be engaged in construction or other related work which effectuates a significant physical change to a structure at the time of their accident. Plaintiff subsequently brought claims under the “Scaffold Law,” Labor Law 240 (1), which creates strict liability, without any consideration of fault, for property owners and general contractors when a construction worker falls from a height due to a lack of adequate safety devices. While in the air, the rigging connection snapped, causing her to fall to the ground.” As a result, Habeeb said, her alleged injuries included a traumatic brain injury, multiple cervical and lumbar spine injuries, tears of various tendons in the left elbow, a fractured left wrist, and a pelvis fracture. Despite being warned not to do so, she attempted to climb the truss leg with a makeshift rigging connection to a safety harness not designed for climbing heights. Habeeb noted that the plaintiff’s role was specifically to decorate the truss structure at the ground level, yet “she took it upon herself to ‘freeclimb’ – without proper training, equipment or protection – 20 feet up the truss leg to hang vertical nylon banners using zip ties. Wizard Studios subcontracted all technical aspects of the event to its subcontractor, KM Productions NY Inc., which put out a call for temporary stagehands for the project that the plaintiff responded to.” “We represented the film studio, the experiential events marketing company, and the event production company, who planned and produced the event, which included a truss structure with a self-climbing roof, a video wall, Justice League memorabilia, and – coolest of all – the Batmobile and Bruce Wayne’s Mercedes-Benz AMG Vision Gran Turismo from the movie. “The plaintiff, an on-call stagehand, was hired by our client’s production subcontractor which was retained as a ‘turn-key’ solution to set up and break down the event,” Habeeb said. – all of which were charged with violations of the New York State “Scaffold Law,” Labor Law § 240 (1) after a stagehand was injured during the setup for a promotional event celebrating the release of a major motion picture.Īccording to Faizan Habeeb, the New York-based Tyson & Mendes attorney who argued the case, the plaintiff sought $3.5 million after being involved in an accident that occurred in New York City’s Times Square during the setup for the “Batmobile Takes Gotham City” promotional event celebrating the release of the 2017 “Justice League” movie in conjunction with New York Comic Con 2017. NEW YORK (Nov 3, 2022) – Marking a major win for national civil defense firm Tyson & Mendes, Justice Lyle Frank of the New York County Supreme Court granted a motion for summary judgment in favor of the firm’s clients – AT&T, Mosaic Sales Solutions US Operating Co. Automobile & Autonomous Vehicle Liability. ![]()
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