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When it comes to tackling tough cases, Carmen Nicolaou and her team have proven that preparation and strategy can turn the tide. Their recent success in defeating the plaintiff’s motion for summary judgment on Labor Law 240(1) is a testament to their ingenuity and dedication.
In Cesar Sanchez v, Sycamore Developers LLC, the plaintiff, who fell 20 feet from a scaffold, claimed he tripped while descending a scaffold. However, his medical records revealed a BAC of .33 at the time of the accident. Despite this fact, case law suggested an uphill battle, as intoxication typically speaks to comparative negligence rather than sole proximate cause under Labor Law 240(1).
With the help of a biomechanical engineer and a toxicologist, along with compelling documentary and testimonial evidence, Carmen and her team successfully raised enough evidence to establish a question of fact. They challenged how the accident occurred, whether the alleged missing mid-rail was a proximate cause, and whether the plaintiff’s actions were the sole proximate cause of his accident. Supporting evidence from OSHA records and diligent FOIL requests—thanks to lead litigation paralegal Sahil Sharma’s hard work—further solidified the case.
A big shoutout to Carmen and her team for their exceptional work and dedication! Their hard work and innovative strategy exemplify the caliber of results we deliver.
Congratulations on this well-earned win!
