Defense Verdict-Supreme Court, Bronx County

Carmen Castillo v. U.S. team, Inc.
In Castillo v. U.S. Team, Inc., the plaintiff alleged that she tripped over construction debris while at work at a department store in Harlem. At the time of her accident, the third floor of the department store was under construction. However, it housed the only bathroom for store employees. Plaintiff claimed that our client created the construction debris; namely a hanging wire which caused her to trip and fall. As a result of the accident, the plaintiff sustained a dislocated shoulder requiring surgery, and a right knee injury requiring an arthroscopic procedure and an eventual right knee replacement. Plaintiff also claimed she was unable to return to work. She asked for an award of $4 million from the jury.

Eric Malinowski sucessfully argued that although US Team was the only company who performed work on the third floor prior to plaintiff’s accident, they were not present on that day. Moreover, he elicted testimony that US team did not leave any construction debris when they left the construction site. He also argued that there were numerous inconsistencies in plaintiff’s trial testimony as compared to her deposition testimony and medical records. Eric also subpoenaed plaintiff’s treating physician who had recommended that she undergo a total right knee replacement surgery before the accident.

After an eight day trial, the jury unanimously returned a verdict in favor of the defendant.