Taking a strong defense posture from the outset, Goldberg Segalla prevailed on a motion for summary judgment, securing dismissal of a complaint against our client, a technology and communications services provider, involving a worker knocked off scaffolding by a cable wire. The dismissal in Onondaga County Supreme Court not only avoided a claim of nearly $1 million, it also helped establish that the provider is not negligent when leaving a telecommunication wire with a home after service has been cancelled.
The accident happened when the worker used pole scaffolding to reach the upper levels of a house that was being repaired. Someone on the work crew detached a cable wire from the house to keep it out of the way while the repairs were being made. Later, they reattached the wire to the house. Shortly afterward, a school bus came down the street and the top of the bus caught the wire, causing it to knock the worker from his scaffold, resulting in serious injuries. The plaintiff claimed that his injury was the result of our client’s alleged negligence in maintaining the cable wire, abandonment of, and failure to inspect the wire.
Key to the defense strategy advanced by Goldberg Segalla attorney William H. Hython was showing that the plaintiff’s action of removing and then reattaching the wire was the direct causal link that led to the wire being low enough for the bus to hit it. In addition, Will was able to refute the plaintiff’s claim that the defendant company violated various sections within the National Electrical Safety Code and the Telcordia Standards.
Mindful of the costs and interruption to business that litigation brings, Goldberg Segalla’s Commercial Litigation and Arbitration group aims to avoid it whenever possible by employing creative and results-oriented pre-suit negotiations and pre-answer motions to resolve disputes before they become full-fledged litigations. However, when litigation becomes necessary, our seasoned trial attorneys utilize business-minded strategies designed to achieve our client’s desired outcome in the most effective and expeditious way possible. Our team is defined by federal and state litigation and courtroom experience across our national footprint.