On August 4, 2016, the Supreme Court of New York affirmed the jury’s award of $3.5 million against defendant National Grid Generation, LLC. The evidence showed that LILCO, National Grid’s predecessor in interest, issued detailed specifications directing contractors on how to mix and apply asbestos-containing concrete and insulation at a power plant. This supported the jury’s finding of a violation of Labor Law § 200. The fact that LILCO ensured that its directives were followed by supervising the superintendents, rather than by directly supervising the workers, was of no consequence. Further, LILCO directed all trades as to where and when to do their work, resulting in the plaintiff’s working in close contact with asbestos-dust producing insulators.
Although National Grid argued it was error to permit the jury to deliberate on a theory of a defective condition of the premises under Labor Law § 200 and on the issue of LILCO’s recklessness, these errors were harmless in light of the jury’s other findings.
In addition, the trial court correctly granted National Grid’s summary judgment on its claim against O’Connor Constructors, Inc., for contractual indemnification, and is entitled to attorneys’ fees incurred in defending against the plaintiff’s action.