Biomechanical Engineers

• October 20, 2026 First Department

  Did the Accident Happen? Defense Evidence, Including a Biomechanics Expert, Sends a Worker’s Labor Law 240(1) Claim to Trial (Gonzalez v Chatsworth Bldrs. LLC, 1st Dept 2026)

  An injured worker may win on liability without a trial even if no one saw the accident, as long as nothing in the record contradicts his account or raises a question about his credibility. Here, the First Department modified the order to deny a worker’s motion for summary judgment under Labor Law 240(1), because a sign-out sheet, 17 statements from people at the project, a biomechanics expert, and three examining doctors, taken together, raised questions whether the accident happened at all, whether it happened as he described, and whether it caused his injuries.

  Biomechanical EngineersLabor Law 240(1)Summary Judgment

• October 15, 2026 First Department

  Scaffold Fall: Worker Wins on Liability as the Court Rejects a Defense Biomechanical Expert’s Opinion (Latazela v Compass Six Owner LLC, 1st Dept 2026)

  An expert’s opinion that disregards consistent evidence that the injured person fell and was hurt, or does not explain how the expert reached it, may not be enough to require a trial. Here, the First Department affirmed partial summary judgment on liability under Labor Law 240(1) and 241(6) for a worker who fell 11 to 12 feet from a plank on a scaffold that moved, rejecting the defendants’ biomechanical expert’s opinion as speculative.

  Biomechanical EngineersLabor Law 240(1)Labor Law 241(6)Summary Judgment

• October 14, 2026 Second Department

  Car Crash Injury Claims Go Forward: A Biomechanical Engineer’s Report Could Not Replace a Medical Opinion (Bonilla-Acosta v Max Servs. Corp., 2d Dept 2026)

  In a New York car accident case, a defendant that asks the court to dismiss an injury claim because there was no “serious injury” must first make that showing with competent medical evidence. Here, the Second Department affirmed the denial of two defendants’ motion, holding that their biomechanical engineer could speak to the forces in the crash but did not show he was qualified to give a medical opinion on whether the accident caused the injuries.

  Serious Injury ThresholdBiomechanical EngineersVehicle and TrafficSummary Judgment

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Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.