New York, NY — After a three-week trial in New York County Supreme Court, a jury returned a unanimous verdict of $5,595,000 in favor of a construction worker employed by Caledonia Carting and ALBA Services Inc., marking a significant result in the ongoing effort to enforce workplace safety laws and protect working people from unsafe labor practices. After hearing testimony detailing the dangerous conditions under which the work was performed, the Court determined that the defendants were responsible for the incident, leaving the jury to determine the amount of compensation owed for the worker’s injuries.
The evidence at trial established that the plaintiff was required to assist in manually lifting a heavy steel beam while positioned on an improvised scaffold configuration spanning uneven platforms, without proper lifting equipment or adequate safety devices. During the operation, the unsecured setup shifted beneath him, forcing him to bear the weight of the load and resulting in serious injuries. Despite these facts, the insurance program administrator, Tradesman Program Managers, refused to make any settlement offer or engage in negotiations at any point during the litigation or trial. Instead, the defense sought to shift focus away from the documented safety failures by attacking the worker’s immigration status and minimizing the seriousness of his injuries, arguments the jury unanimously rejected.
The trial took place against the backdrop of a major enforcement action by the New York State Attorney General involving ALBA Services, Caledonia Carting, and related entities, which resulted in a $1.5 million monetary settlement and findings that the companies had failed to properly report workplace injuries, discouraged employees from seeking workers compensation benefits, and retaliated against injured workers. State investigators also concluded that the companies maintained practices that interfered with employees’ access to medical care and created a culture that obstructed injury reporting in order to reduce insurance costs. This case represents the first trial involving these entities following that enforcement action.
During the trial, Nicholas Liakas placed ALBA’s Chief Executive Officer, Andrew Horan, on the witness stand, bringing the company’s leadership directly before the jury to answer for the conditions under which the work was performed. The Court’s determination of responsibility, based on sworn testimony regarding the unsafe scaffold configuration and lack of proper protective equipment, underscored that the incident was the result of preventable safety failures, not worker conduct.
Liakas Law stated that the verdict represents more than a single case outcome and reflects the broader importance of enforcing labor protections across the construction industry. The firm emphasized its longstanding commitment to protecting union labor and ensuring that responsible contractors are not undercut by non-union operators who reduce costs by ignoring safety rules or discouraging injured workers from exercising their legal rights. According to the firm, the trial demonstrates that attempts to discredit injured workers or avoid accountability through aggressive litigation tactics will not withstand scrutiny when the facts are presented in open court.
“This result reinforces that every worker, regardless of background, is entitled to a safe workplace and the full protection of the New York labor law,” the firm said. “Holding unsafe and non-union contractors accountable is essential not only for the injured worker in this case, but for the integrity of the entire industry.”
Liakas Law noted that it will continue pursuing cases that enforce workplace safety statutes and protect the rights of construction workers, particularly where employers or insurers refuse to accept responsibility for preventable hazards.
About Liakas Law
Liakas Law represents injured workers throughout New York in complex construction accident and labor law litigation, with a focus on enforcing workplace safety standards, protecting union labor, and securing meaningful recoveries for those harmed on the job. For more information call 212-937-7765 or visit LiakasLaw.com.
