Steven Dyki Wins Motion to Set Aside Verdict in New York County Labor Law Case

September 25, 2015

On September 22, 2015, Steven Dyki won a motion to set aside the jury’s verdict in Lombardi v. Structure Tone, 110684/2011 (Supreme Court, New York County).  During the trial, the plaintiff claimed that he stepped on a piece of electrical conduit resulting in a fracture of the fifth metatarsal on his right foot that necessitated two surgeries and that he had delayed healing due to a pre-existing diabetic condition.   He also claimed the inability to return to work in any capacity and the economist offered by the plaintiff opined that the total economic loss was $4,998,265.00.  Following a trial as to liability and damages, the jury found: the defendants liable for a violation of Labor Law 241(6); the plaintiff’s comparative fault was 35%; and awarded total damages of $1,361,000.  The net award to the plaintiff including his share of comparative fault was $884,000.   During the post-trial motion practice, Mr. Dyki argued that the jury’s verdict was not supported by the evidence, that the award was unreasonable, and that the plaintiff’s attorney engaged in improper conduct during his summation, including telling the story of the Good Samaritan to the jury and arguing facts not in evidence.  The Court issued a decision setting aside the verdict as to damages, and ordering a new trial unless the plaintiff agreed to accept $125,000.

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