Michael A. Kosar obtained summary judgment on behalf of client in a matter involving significant injuries stemming from a construction site accident.
Plaintiff’s claimed he was injured as a result of a dangerous condition on the construction site where he was working disassembling a scaffold. As a result of a fall, Plaintiff alleged that he suffered cervical and lumbar injuries, later requiring a lumbar fusion with the insertion of pedicle screws. The plaintiff claimed the defendant, an OSHA safety consultant company, was negligent in failing to identify hazardous conditions and ensure the general contractor maintained a safe worksite.
In obtaining the dismissal, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., arguing the Motion to the Court, successfully contended that there was no violation of any OSHA standards or other evidence of a legal duty to plaintiff on behalf of the inspector.