Patrick Whitford Obtains an Early Discontinuance in Labor Law Case

Attorney Patrick O'Haire Whitford obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff allegedly sustained serious injuries from a defective/dangerous piece of machinery.

The plaintiff’s alleged accident occurred as part of her work at a “project within a project”, where our client was the construction manager of a larger building renovation project, but the plaintiff was working on a separate, smaller restaurant renovation project, also taking place at the same location and time. It turned out that the plaintiff was under the supervision and control of a separate general contractor hired by the common owner/co-defendant. Even though our client was misidentified as having been involved in the work which allegedly caused plaintiff’s injuries, Patrick exchanged an affidavit to the other parties showing that our client did not belong in the case.  After reviewing the affidavit, the plaintiff and co-defendants agreed to a voluntary discontinuance in favor of our client.  The result was substantial time and cost savings for our client. In this matter the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution.