Thorough investigation by partner Reed M. Podell and a collaborative effort with a jackhammer manufacturer’s in-house counsel resulted in a desirable settlement for a New York building materials supplier, stemming from an alleged worksite-injury lawsuit.

The plaintiff alleged Labor Law §§ 241(6) and 200 and negligence claims based on a purported malfunction of the jackhammer he was using, which allegedly caused a toe fracture, cervical and lumbar herniations and bulges, and injuries to his shoulders and knees. The property owner/co-defendant and the supplier were named in the suit. Reed represented the supplier, which was alleged to have negligently repaired the jackhammer, supposedly resulting in it unexpectedly speeding up due to a believed power surge.

Throughout the litigation, Reed corresponded with the jackhammer manufacturer’s in-house product liability counsel to investigate details about the jackhammer’s repair history, designed safety features, and possible explanations for the plaintiff’s claims. When the plaintiff’s depositions were completed, Reed reviewed the testimony with the manufacturer’s counsel and drafted an affirmation that the in-house counsel agreed to sign, which detailed the plaintiff’s claims, the jackhammer’s features, the impossibility of the jackhammer malfunctioning in the alleged manner, and a non-negligent explanation for the plaintiff’s accident, i.e. operator error when encountering certain site conditions.

Using and sharing the information he had developed through his investigation and discovery to his client’s advantage, Reed was able to secure an extremely favorable settlement well under the initial demand.

Reed’s collaborative approach with the manufacturer’s in-house counsel and meticulous review of the facts led to an advantageous position in settlement proceedings, resulting in a delighted client who was very pleased with the significantly reduced settlement and overall outcome of the case.

MORE ABOUT REED M. PODELL

Reed is a civil litigator with 30 years of experience defending property owners, contractors, architects, engineers, and other insureds in high-exposure matters. Recognized for his ability to obtain dismissals, risk transfers, and favorable settlements – as well as secure successful appeals – Reed regularly handles matters involving New York State Labor Law §§ 200, 240[1] and 241[6] claims, actions involving alleged design defects and other professional liability claims, premises liability, automobile liability – including commercial automobile accidents, contractual liability, and subrogation. His practice involves conducting depositions and mediations, reviewing and analyzing contracts, drafting pleadings, motions, and appellate briefs, and arguing motions and appeals.