Defense Verdict Obtained in New York Trucking and Transportation Case

We obtained a defense verdict for a tow truck company in an “open and obvious” case in Nassau County, NY. We represented a tow truck company that was called to a plaintiff’s workplace to tow a broken-down minibus for scrapping. Our client attached a tow rope to the bus and began operating the winch but was asked to stop so the mirrors could be removed. The plaintiff removed the passenger-side mirror and, instead of walking around the bus, walked between the tow truck and the bus, tripping over the tow rope and breaking his hip. We prepared a motion for a directed verdict based on precedent from a previous Nassau County case, involving a plaintiff who tripped over a tow rope, where the judge ruled the condition was open and obvious, with no duty to warn. However, the trial judge in this case denied the motion. We then requested a curative charge instructing the jury that the defendant had no duty to warn of an open and obvious condition. While the trial judge declined to charge the jury, she permitted us to make the argument ourselves during summation. During summation, we argued the condition was open and obvious and there was no duty to warn and asked the jury to dismiss the case. The jury deliberated for just 15 minutes before returning a verdict for the defendant.