Plaintiff’s Inability To Identify What Caused Accident Fatal To His Claim

Partner, Patrick W. Kenny, was successful in obtaining summary judgment for a general contractor client. The client had contracted with the owner of the property to do renovations to various buildings on the property. Plaintiff, an employee of the Owner, alleged he was injured when he was removing garbage from a tenant garbage drop spot on the property when he was impaled on the wrist by a sharp unknown object resulting in two surgeries and nerve damage. Plaintiff claimed the object was construction debris placed there by GVK’s client, and that plaintiff had complained of construction trash bags being commingled with tenant garbage prior to the incident. Mr. Kenny, through the use of affidavits of non party co-workers of the plaintiff, showed that plaintiff’s narrative of the accident and complaints that formed notice were not true; that plaintiff was never able to identify what cut him and thus unable to identify a “defect or condition” that caused his accident; and that under Espinal no duty was owed to the plaintiff by our client. The court agreed, and following oral argument, issued an order and decision granting our client summary judgment and dismissing all claims against the client.