BM&S Partner James J. Lofrese Secures Dismissal and Defense Cost Reimbursement in Bridge Construction Accident Case

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Black Marjieh & Sanford LLP is pleased to announce that Partner James J. Lofrese secured dismissal of all claims asserted against the firm’s client in a construction accident action arising from a bridge construction project.

The plaintiff alleged serious injuries after being struck by construction equipment and asserted claims under Labor Law §§ 240, 241(6), and 200/common-law negligence. BM&S demonstrated that the alleged accident did not involve an elevation-related risk, no applicable Industrial Code violation was established, and the firm’s client did not exercise supervision or control over the injury-producing work.

In November 2024, the Court dismissed all claims in their entirety. In a related action, Mr. Lofrese also secured full reimbursement of defense costs pursuant to contractual indemnification provisions, resulting in recovery of all defense fees and costs incurred on behalf of the firm’s client.

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