12-0 Defense Win for General Contractor Client

Marc Zimet obtained a defense verdict in a two-week jury trial. It was a claim by an adjacent commercial building owner of property damage allegedly caused by the construction of an apartment building by our client. Specifically, plaintiff claimed that the excavation and lack of shoring caused extensive property damage to the foundation and structure of his 50-year old apartment building. While liability was questionable, there was, as we saw it, no more than $100,000 in property damage. Plaintiff remained at a demand of $1 million. We defensed the case with a 12-0 jury verdict and will now seek back all costs and expert fees (pursuant to the statutory offer). While winning at trial is often viewed as counsel’s inability to resolve a claim short of trial, this one was simply not viewed reasonably by plaintiff’s counsel and required trial to set him straight. And, while trial is not usually the best course of action to resolve a claim, winning at trial keeps other plaintiff’s counsel apprised that we are not afraid to try construction cases and we routinely defend such claims.