March 23, 2012
London Fischer LLP congratulates James Walsh and Amy Kramer for obtaining a unanimous defense verdict in Supreme Court, New York County in Klewinowski v. The City of New York, Amman & Whitney Consulting Engineers, P.C. and Welsbach Electric Corp. Plaintiff, a laborer, was injured at a roadway construction project in Manhattan when a CAT 315 excavator contacted an overhead cable and pulled a temporary streetlight pole down on the Plaintiff. Plaintiff alleged that the cable was installed too low. Plaintiff’s leg was crushed and he was placed in a medically induced coma for 9 days. Plaintiff alleged permanent injuries to his right foot, leg and hip, as well as more than $5 million in economic damages.
Through effective cross examination of the CAT operator, who eventually conceded responsibility for the accident, as well as the persuasive testimony of the Welsbach electrician who installed the overhead cable, Mr. Walsh and Ms. Kramer convinced the jury that the cable was installed properly and Welsbach was neither negligent nor a cause of the accident. The City and Amman & Whitney had previously settled with the Plaintiff for a combined $3.3 million. The jury returned a unanimous defense verdict after 4 hours of deliberation.