CAR ACCIDENT SETTLES FOR $700,000 DURING TRIAL

During trial, Ronald Ingber obtained a settlement on behalf of a 66 year old man who exacerbated prior hip, back and knee injuries after being struck by Defendant’s motor vehicle while on a movie set.  The accident occurred on Madison Avenue in New York City during the filming of the movie Safe starring Jason Statham and Catherine Chan. 

In his Answer, Defendant asserted an affirmative defense arguing that Plaintiff’s lawsuit was barred by the New York State Workers’ Compensation statute. After Judge Alison Tuitt of the Bronx County, Supreme Court, held oral arguments, the court decided that the burden of proof on Defendant's affirmative defense rests with the Defendant. To prove his Workers' Compensation defense, Defendant was required to establish that (1) both Plaintiff and Defendant were working for the same employer as co-employees at the time of the accident, and (2) the accident occurred while both Plaintiff and Defendant were in the course of their respective employment.  If successful, this affirmative defense would bar Plaintiff's action and the lawsuit would be dismissed. During the two week trial, Ronald Ingber argued on behalf of the Plaintiff that the incident occurred before the production's call time; Defendant was part of the production; and that the accident could not have happened in the course of employment as Defendant was in his motor vehicle in the process of parking on the set and had not yet begun his duties as generator operator.  Following the testimony of all parties, the case settled for $700,000.