BM&S Partner James J. Lofrese Secures Summary Judgment Dismissal in Tunnel Restoration Injury Case

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 construction injury action arising from restoration work performed at a major transportation tunnel.

The plaintiff alleged injuries while operating equipment during post-storm restoration work and asserted claims under the Labor Law and common-law negligence against multiple parties, including BM&S’s client, the project’s general contractor.

In January 2024, the Court dismissed all Labor Law and negligence claims against BM&S’s client, finding that the accident did not involve an elevation-related risk, no applicable Industrial Code violation was identified, and the client did not control the injury-producing work. All cross-claims for contribution and indemnification were also dismissed.