OS Secures Defense Verdict After Two-Week Trial in New York

October 9, 2023

Of Counsel Larry Green recently secured a defense verdict after a two-week jury trial in the Supreme Court of New York, Westchester County. O’Toole Scrivo represented a warehouse owner in a personal injury matter. The Plaintiff, who was the manager of the warehouse, fell on the stairs due to an alleged loose handrail, sustaining severe injuries to his left elbow, including a fracture that resulted in three surgeries: initially an open reduction internal fixation surgery followed by a revision surgery, and ultimately an elbow replacement.

The Plaintiff presented extensive evidence seeking to establish that O’Toole Scrivo’s client was responsible for maintaining the stairs, including evidence that the client paid to replace the stairs after the accident, retained a maintenance person at the premises, and conducted a detailed inspection eight months before the accident wherein the client’s property manager issued a report failing the subject staircase.

Despite the evidence presented by Plaintiff’s counsel, Larry Green was able to adduce evidence and argue effectively that his client’s involvement with the premises was not a sufficient course of conduct to hold him responsible for the maintenance of the stairs. He also argued that the Plaintiff failed to show that the client had actual or constructive notice of the specific condition (the loose handrail) that the Plaintiff alleges caused his accident.

At the close of the evidence, the jury deliberated for several hours before returning a defense verdict dismissing the case in which Plaintiff sought millions in damages.

Larry Green is an experienced trial attorney. He began his career as an assistant district attorney in the County of the Bronx, where he tried twelve cases to verdict before transitioning to civil litigation. He has taken verdicts in every New York City area venue and has litigated cases in both federal and state courts throughout New York and New Jersey. He focuses his practice on construction, construction site accident/injury and New York Labor Law, construction defect, wrongful death cases, products liability and toxic tort, and trucking and transportation.


*Results may vary depending on your particular facts and legal circumstances.

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