Kenneth S. Merber Obtains Defense Verdict In A Labor Law/Premises Liability Case In Supreme Court, Westchester County

May 8, 2017

On May 4, 2017, Kenneth S. Merber obtained a defense verdict in a New York Labor Law/Premises Liability case brought against an automotive garage after a 4-day trial in the Supreme Court of the State of New York, County of Westchester.

The case was tried before The Hon. David F. Everett.  The plaintiff alleged that the firm’s client was negligent and violated New York’s Labor Law claiming the work site was inadequately constructed, equipped, arranged, operated and conducted. Plaintiff further claimed defendants failed to provide him with adequate protection and negligently instructed his employees creating the allegedly perilous conditions that caused the accident.

During the trial, Mr. Merber successfully sought a ruling precluding Plaintiff’s liability expert based upon his arguments that the opinions lacked general acceptance under the United States Supreme Court decision of Frye v. U.S. and procedural defects in Plaintiff’s expert disclosure served pursuant to New York’s Court’s Rules.  Plaintiff alleged that he sustained catastrophic permanent injuries including a traumatic brain injury, post-concussion syndrome, dysautonomia and neurologic dysfunction as a result of a work place accident in which he struck his head.  Plaintiff continuously treated for his claimed injuries from the time of his accident in 2012 through the date of the verdict almost 5 years later.  He claimed more than $200,000 in medical expenses and sought a 7-figure recovery.