Masciarelli v. Powell

This is an appeal by plaintiff from a judgment of dismissal after a jury trial of a personal injury action. The jury returned a verdict in the sum of $175,000. The court granted defendant’s motion to set aside the verdict and dismiss the complaint. We hold the Trial Judge properly dismissed the complaint because plaintiff failed to establish a case of actionable negligence, and plaintiff was guilty of contributory negligence as a matter of law.

Plaintiff was an employee of Grow, Catapano & Orlando, general contractors engaged in the construction of a portion of the Van Wyck Expressway, in the…