Howard Trafman Obtains Dismissal in a Covid-19 Exposure Lawsuit

Howard Trafman recently obtained a dismissal for his client in a Covid-19 exposure case involving multiple parties.  In short, Plaintiff was an employee of another subcontractor working on a construction project. Plaintiff alleged that other employees working on the project exhibited signs and symptoms of Covid-19 and all defendants knew the same.  Plaintiff alleges all defendants failed to check, inspect, evaluate and/or monitor their own employees, their subcontractors’ employees and others on site for signs and symptoms of Covid-19 in order to prevent the spread of transmission of the virus to anyone including Plaintiff.  Plaintiff alleges he and other workers contracted Covid-19 at the project.

Although certain documents existed which indicated our subcontractor had performed work on site, we filed an early 2-619(9) motion to dismiss with an attached affidavit setting forth that our subcontractor had never been on site.  Plaintiff had been unwilling to voluntarily dismiss our subcontractor after being provided the affidavit.  The motion to dismiss was denied.  Upon completion of written discovery and prior to oral discovery, we filed a motion for summary judgment.  After entering into a briefing schedule, Plaintiff decided to voluntarily dismiss our subcontractor with prejudice.  The lawsuit remains pending against the other defendants.