BM&S Partner James J. Lofrese Secures Summary Judgment Dismissal in Construction Accident Case Involving Elevator Shaft Fall

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

The plaintiff alleged injuries after falling through an elevator shaft at a construction site. After the accident, the plaintiff reported that he stepped on a conduit and repeated that account to health care providers, but later admitted during deposition testimony that the account was fabricated.

Mr. Lofrese’s motion was opposed by several parties asserting contractual claims against the firm’s client, who argued that the prior statements created issues of fact. The Court agreed with Mr. Lofrese’s argument that the prior version constituted inadmissible hearsay and was insufficient to create a genuine issue of material fact. As a result, the Court granted summary judgment dismissing all claims against the firm’s client.