LCBF extricates client from five actions arising from serious construction accident without its having to contribute toward settlement

In Cevasco v. Amtrak, 606 F. Supp. 2d 401 (S.D.N.Y. 2010), LCBF successfully handled five actions in the Southern District of New York arising out of a construction accident in which a high rail crane rolled approximately 4,000 feet and struck five workers at another construction site.  The workers sustained significant injuries including a foot amputation, de-gloved leg, brain injuries, hearing loss, fractured clavicle, a collapsed lung, and spinal, shoulder and knee injuries requiring a cervical decompression with fusion, laminectomy with fusion and AC joint resection.  The court ruled that, regardless whether Amtrak had been negligent in operating or maintaining the crane, Amtrak’s co-defendant contractors were contractually responsible for defending and indemnifying Amtrak.  All of the matters were thereafter settled without any monetary contribution from Amtrak.  The LCBF team was headed by Bill Ballaine and Ron Joseph.