Eugene T. Boulé Partner

     

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Gene Boulé focuses his trial practice on the defense of negligence-based lawsuits in New York state and federal courts. Gene has extensive experience with complex, high-exposure construction accident, aviation, premises liability and security, and product liability matters involving personal injury and property damage claims. He is particularly skilled in direct and cross-examination of important damages trial witnesses such as doctors, vocational rehabilitation experts and economists.

A significant portion of Gene’s practice involves representing owners and contractors in construction site litigation. His more than 25 years of experience handling matters governed by New York’s Labor Law has enabled Gene to develop in-depth knowledge of the intricacies of the statutes, a strong background in contract interpretation and insurance obligations for the critical assessment and pursuit of risk transfer opportunities, and the ability to strategically plan litigation for the best outcomes for his clients. Gene has tried many construction site cases and has formed relationships in the New York Labor Law arena with attorneys, mediators and experts that enable him to achieve quality results. .

In addition, he represents commercial and general aviation interests, from manufacturers to airlines to facilities and all related service and support industries. Gene also regularly represents property owners and commercial tenants in premises liability matters ranging from negligent security matters to slip-and-fall actions to Dram Shop claims. In addition, he handles coverage matters on behalf of general liability insurers, issuing coverage opinions and litigating coverage issues.

Gene’s litigation approach reflects his clients’ desire for a high level of responsiveness, thorough analysis of claims and identification of opportunities for early resolution. He also is an experienced trial attorney and has obtained defense verdicts and favorable pre-trial results on behalf of his clients.

View Gene's exemplar jury verdicts.

Representative Matters

Represented manufacturer of phototherapy unit in products liability action where plaintiff sustained second- and third-degree burns resulting in a nine-day stay in the burn unit, developed melanoma on two occasions and attempted suicide for which she was hospitalized in the psychiatric unit. Our client shipped improper instructions upon the sale of the phototherapy unit, which plaintiff claimed resulted in her misuse of the product. At trial we successfully argued that plaintiff failed to follow her dermatologist’s instructions for use of the phototherapy unit resulting in a finding of 65 percent negligence on the plaintiff. We also established that the plaintiff’s melanoma did not result from exposure to the unit and the jury awarded plaintiff $250,000 (reduced to $87,500 due to plaintiff’s negligence). Plaintiff’s attorney asked the jury to return a verdict of $14 million.

Represented owner of construction site where plaintiff was injured in fall from scaffold. Plaintiff obtained liability against our client by motion before trial under New York State Labor Law § 240. Pursued indemnity at trial against scaffolding company. Jury awarded complete indemnity to client from scaffolding company. Scaffolding company paid entire $2.5 million judgment to plaintiff plus client’s defense costs. Affirmed on appeal.

Represented owner and general contractor of construction project where plaintiff was injured in a fall into an unguarded opening. Plaintiff obtained liability against our client by motion before trial under New York State Labor Law § 240. Pursued indemnity at trial against three subcontractors. Jury awarded complete indemnity to our clients. Subcontractors paid entire $4.45 million settlement to plaintiff plus client’s defense costs.

Represented owner of building where plaintiff construction worker was injured in a fall during renovation work. Injuries included vision loss, wrist injury with surgery, and back injuries. At trial, we presented a defense that plaintiff had not established a violation of any New York Labor Law statutes as a cause of his accident. Jury returned a defense verdict.

Represented tow truck owner and operator in a case in which a New York City Department of Transportation truck driver was injured when his truck was rear-ended by our client’s tow truck. Plaintiff sustained injuries to his back and neck, and did not return to work following the accident. Plaintiff recanted on $120,000 settlement prior to jury selection; case was tried to defense verdict. Affirmed on appeal.

Represented owner and operator of a hotel where an employee fell on a ramp and sustained an injury to her wrist that resulted in two surgeries. Successfully moved to dismiss plaintiff’s claims against the hotel prior to trial. Trial proceeded against hotel’s chief of engineering. At the conclusion of the liability phase of the trial, judge directed a verdict in favor of our client. Affirmed on appeal.

Represented nightclub owner in case brought by a patron who claimed to have been viciously assaulted by client’s security staff. During trial, plaintiff for the first time produced photographs taken on the night of the assault that supported his version of the events and contradicted the testimony of our witnesses’ testimony concerning the uniforms worn by client’s security staff. Defense focused on unlikelihood of plaintiff’s testimony and his intoxication, which he denied. Jury returned defense verdict.

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