June 17, 2010
Partner John Sparling, and associates Chris Ruggiero and Damian Fischer, were responsible for having the Appellate Division, Second Department uphold the lower court's decision granting Welsbach Electric summary judgment and dismissing all claims against it. The Welsbach electrician was thrown out of an overhead work bucket after receiving severe second and third degree burns over his body from the 27 kilovolt high tension wires while repairing a city street light. He had multiple skin grafts, will never work again as a union electrician and will still maintain his multi-million dollar lost wage and personal injury claims against defendant Consolidated Edison of New York.
Plaintiff, a union electrician working for New York City subcontractor Welsbach Electric, brought suit against Con Edison who then filed third party claims against the City and Welsbach for contribution and indemnification. The Court dismissed the case against Welsbach since the injury was not grave and there was no contract with Con Ed. The court also adopted the argument that the City could not be liable where experts confirmed that the streetlight was in compliance with all applicable codes and was unrelated to the high voltage electricity running through the pole which caused the plaintiff's injuries. On the briefs were John E. Sparling and Chris Ruggiero. The appeal was argued by Mr. Sparling.