Kelley Kronenberg secured a full defense verdict in New York State Supreme Court, Richmond County, before Justice Ralph J. Porzio, on behalf of the City of New York, the New York City Department of Education, the New York City Board of Education, the New York City School Construction Authority, and Ashnu International. The case was tried by Partner/Business Unit Leader Daniel Mevorach, first chair, with Attorney Noah Lindsay as second chair. Partner Elise Sosa and Paralegal Patricia Sanchez provided additional support. 

The plaintiff, a scaffolding employee, alleged he fell approximately 10 to 12 feet while dismantling a sidewalk shed at Susan E. Wagner High School in Staten Island on March 7, 2020. He claimed the fall occurred when a loosened running board shifted as he attempted to access the top of the structure by climbing the cross-bracing rather than using a ladder. His claimed injuries included a pelvic fracture, back, neck, right ankle, and left arm injuries, a traumatic brain injury, and a lumbar fusion surgery performed in 2024. He alleged he could not return to work. The plaintiff’s economist quantified economic damages at approximately $2.5 million, exclusive of pain and suffering. Considering this estimate, the plaintiff’s demand, and the potential fees and costs, our client’s exposure exceeded $6 million.  

The plaintiff brought claims under New York Labor Law Section 240(1), known as the Scaffold Law, which imposes absolute liability on owners and contractors in elevation-related accident cases and bars comparative negligence as a defense, and under Labor Law Section 241(6), a code-based negligence claim. Obtaining a defense verdict under Section 240(1) is exceptionally rare given its absolute liability standard. The only viable defense is sole proximate cause, requiring proof that the plaintiff’s own conduct, not any failure by the defendants, was entirely responsible for the accident. 

The defense built its case around one central argument: ladders were available, the ladder rule was known, it had been communicated and enforced that very morning, and the plaintiff chose not to follow it. Witness testimony established that using a ladder was the mandatory means of access on this job, that the plaintiff had been corrected for attempting to climb the cross-bracing earlier the same day, and that other workers were waiting for a ladder at the time of the accident. The plaintiff himself acknowledged he knew climbing the side was not the safe method and that a ladder was the required means of access. 

At trial, Daniel employed a reverse reptile approach in closing, redirecting the jury’s focus from sympathy to personal responsibility and the evidence. The closing addressed the plaintiff’s ladder rule violation directly, challenged the reliability of the plaintiff’s expert based on incomplete information, and methodically dismantled the plaintiff’s theory that no ladder was available. The jury sided with the defense on all counts. 

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