News Brief

Cheng and O’Brien Obtain Summary Judgment in Favor of a Resident Engineer

August 2, 2019

Eric Cheng (Partner-WP) and James O’Brien (Partner-WP) obtained summary judgment in a bodily injury claim where plaintiff allegedly stepped into a hole in the median of a roadway where our client, the resident engineer, was hired by the City of New York to oversee a project. The plaintiff electrician was hired by the City to fix broken street lights. Plaintiff brought an action alleging negligence and New York Labor Law claims saying he was entitled to Labor Law protection. In their motion for summary judgment, Eric and James established that the plaintiff was hired by the City through a different contract that covers a much larger area in the Bronx than the jobsite. They pointed to the fact that the accident happened at night when construction was not ongoing and that the resident engineer could not have been responsible for the safety of plaintiff and therefore owed no duty to him. The Court accepted our argument and dismissed the case its entirety. The decision is particularly satisfying as it is the seventh such victory on behalf of this resident engineer over the past several years.

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