Augusto Gomez v. L&B Construction
Supreme Court, Bronx County

Facts:

Wall of sidewalk bridge constructed by client collapsed and plaintiff fell 9 feet to the pavement.

Plaintiff’s position:

Client’s construction of the sidewalk bridge was negligent and in violation of various codes.

Client’s position:

Prior to the accident, an unknown contractor removed and replaced the plywood that formed the wall.

Critical Issues:

Whether the action of the unknown contractor was a superseding intervening event such that the jury could not reasonably conclude that the client’s negligence was a proximate cause of the accident.

Result:

Directed verdict in favor of client.