Bryan F. Lewis Obtains Summary Judgment on Behalf of Construction Management Firm

After seven years of litigation, Bryan F. Lewis obtained summary judgment in a case brought against an engineering inspection company for large-scale transportation and infrastructure projects. The action was commenced in Orange County by four heavy equipment operators who claimed they had been exposed to unknown toxins during excavation activities at an interchange construction project on the New York State Thruway. Bryan argued, successfully, that the plaintiffs had failed to establish that our client had “supervisory control” over the work performed, and the Court held that “general supervisory authority, even if it involves an ability to stop the work, is insufficient to create liability.” The Court also dismissed the balance of the Labor Law claims asserted on the grounds that the plaintiffs’ attorneys had failed to establish a violation of a specific industrial standard. As a result of its findings, the Court did not need to reach the issues concerning plaintiffs’ failure to establish causal link between the alleged exposure and their alleged injuries.

       
 

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