8/29/2021- Associate Artie Venti Wins Dismissal of Wrongful Death Action
In the case of Lakhram Omwathath v. Frank E. Basil, Inc. and Data Dimension, Kings County Supreme Court, Index Number 3845/2019, MMG Associate, Artie Venti, won dismissal of an accident lawsuit for fatal injuries. This outcome was based upon the Workers' Compensation Law's "exclusive remedy" provision, and for failure to state a cause of action.
Plaintiff, Lakhram Omwathath, commenced an action seeking damages for the wrongful death of his brother, Dharamdeo Omwathath. The decedent was severely injured after falling from a ladder when cleaning the kitchen at his workplace at the US Army Garrison at Fort Hamilton in Brooklyn on February 13, 1993. Plaintiff alleged that his brother's employer, Defendant Frank E. Basil, Inc. was negligent in failing to provide supervision and a co-worker to ensure that the decedent's ladder was steady. Plaintiff further alleged that his brother suffered traumatic brain and other bodily injuries from which he allegedly succumbed and died over 25 years later, on May 26, 2018.
MMG filed a motion to dismiss the action and successfully argued that the Workers' Compensation Law governed the facts and provided the exclusive remedy to Plaintiff and the decedent. The evidence clearly demonstrated that decedent was provided with $322,156.26 in Workers' Compensation benefits and that his brother, Plaintiff Lakhram Omwathath, was provided with $50,000 for the death claim. Therefore, Plaintiff and the decedent elected to receive and received such Workers' Compensation benefits and were barred from maintaining a personal injury and wrongful death claim against the decedent's employer.