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Appellate Court Agrees Electrician Struck in Head By Transformer Proved Violation of Labor Law

On January 25, 2018, an appellate court covering Manhattan upheld the decision of a Judge finding that a property owner was responsible as a matter of law for the injuries suffered by an electrician who was struck in the head by an electrical transformer that fell on his head. Labor Law 240 (1) was enacted to protect workers from the dangers related to the effects of gravity. This law requires owners of property and contractors to provide protective devices to avoid workers being injured by falls and falling objects.

The plaintiff and a co-worker testified that they were not provided with any safety devices to protect them while while working on the suspended transformer. The only defense available to the defendant's was to argue that the plaintiff was the sole cause of his accident because he failed to follow proper safety precautions. This defense didn't persuade the Court to allow a jury to decide the liability issue.Though the defendant's foreman swore he gave specific safety instructions to the plaintiff on how to properly support the transformer, the foreman didn't know whether the plaintiff was standing close enough to him to hear those instructions. Therefore, the Court agreed that the defendant had violated the Labor Law. Gericitano v Brookfield Properties, 2018 WL 541834

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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