Injured Construction Worker's Legal Malpractice Claim Dismissed

On February 5, 2020, an appeals court covering Suffolk County affirmed the dismissal of a legal malpractice complaint filed by a construction worker who was injured at a construction site. The bucket of an excavator struck the plaintiff's leg causing injuries. The attorney's who represented the plaintiff unsuccessfully opposed a motion to dismiss two separate claims premised on Labor Law Sections 240(1) and 241(6). The Court held that the facts of plaintiff's accident did not fall within the requirements for either statute. The Court explained that the accident was not elevation related even though plaintiff was injured working at an elevated height and that there were no violations of the Industrial Code based on the undisputed facts of the accident. Once those statutory claims under the Labor Law were dismissed the attorney's were granted leave to withdraw because the only remaining claims would be unlikely to prevail.

The plaintiff eventually discontinued his personal injury action and filed a legal malpractice claim against his attorney's. The Court dismissed those claims finding that plaintiff was unable to prove that a more favorable outcome could have been obtained under any circumstances. The problem for the plaintiff was that given his own deposition testimony there was no basis in law to support the Labor Law claims that were properly dismissed thru no fault of his attorney's. Dominguez v Mirman, 2020 WL 55949

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 " and "Top New York Settlements." 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 was 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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