7/19/19 – Garcia v. Guma Construction, et. al.

Plaintiff claimed that he sustained serious personal injuries on January 13, 2014, while riding his bicycle in the course of his employment as a pizza delivery worker southbound on Central Park West. Plaintiff claims his bicycle was “caught” in a tarp covering a garbage container placed in the parking lane along Central Park West, causing him to fall and sustain significant injuries. Our client, Guma Construction, provided the subject garbage container at issue. In support of his general negligence claim against Guma Construction, the plaintiff claimed that Guma Construction provided the “tarp” at issue, failed to properly secure same to the garbage container, and that the improper placement of the tarp caused plaintiff’s accident.
At the close of discovery Nicholas V. Ferrara moved for summary judgment seeking to dismiss all claims and cross-claims against Guma Construction pursuant to CPLR §3212. Mr. Ferrara argued that Guma Construction was hired to provide an empty garbage container at this jobsite and did not perform any active construction, debris removal, or cleaning work that could have necessitated the use of the “tarp” at issue. Furthermore, Mr. Ferrara submitted admissible evidence that the “tarp” at issue was not the property of Guma Construction. The Court agreed with these arguments and granted our motion for summary judgment dismissing all claims as to Guma Construction.