Defense Verdict for Trucking Company

We successfully defended a tow truck company in an "open and obvious" case in Nassau County, NY. The company had been called to tow a broken-down minibus from the plaintiff’s workplace. While removing the bus, the plaintiff walked between the tow truck and the bus, tripped over the tow rope, and broke his hip.

The defense relied on precedent from a similar Nassau County case where a judge ruled that a tow rope was an open and obvious condition, with no duty to warn. Although the trial judge denied his motion for a directed verdict, she allowed him to argue to the jury that the defendant had no duty to warn. Plaintiff’s counsel did not object. In summation, we emphasized that the condition was open and obvious and urged dismissal. The jury deliberated for just 15 minutes before returning a verdict for the defendant.