Darrell J. Whiteley

Partner

  • location icon New York, NY
    77 Water Street
    New York, NY 10005

Darrell Whiteley is a partner in Lewis Brisbois’ New York office, the co-chair of the national Construction Practice of Lewis Brisbois, and a co-chair of the OSHA Safety & Health Practice. He runs a practice team of 24 lawyers and handles all forms of general liability cases. Mr. Whiteley specializes in the defense of premises liability and construction cases under the New York Labor Law involving catastrophic accidents for owners, developers, and contractors. 

The Whiteley group represents national, regional, and local owners and construction firms undertaking several large public and private sector construction projects. These projects presently include the Second Avenue Subway, the East Side Access Tunnel, the reconstruction of LaGuardia Airport, the New York City School Construction Authority, the Lower Manhattan Development Corporation, the New York City Housing Authority, the Waterworks Project in Hells Kitchen, the MTA New Capital Program starting in 2017, a national highway construction contractor with open projects in Texas, Florida, California, and Illinois, and a joint venture handling a significant tunnel boring project in Washington state. Each of these high-profile projects incorporates public safety, site safety, and premises liability. 

Mr. Whiteley has focused experience in the defense and litigation of large economic damage claims for prominent owners and developers of residential and commercial buildings and sports complexes involving union and non-union labor. His practice also includes the defense of many high-profile cases, including the Deutsche Bank Fire case in Lower Manhattan, the Con Edison Steam Pipe Explosion case at 41st and Lexington Avenue, the “Black Sunday” Firefighter tragedy in the Bronx, and the Harlem Gas Explosion case at Park Avenue and 116th, and the recent Legionnaires outbreak cases on East 149th Street in the Bronx. 

Other areas of practice include premises liability, assault, negligent security, transportation, trucking, automobile, products liability, property damage, environmental exposure cases, as well as other general liability and complex tort claims for primary and excess insurers.

Mr. Whiteley has served twice as the co-chair of an international consortium of construction law firms. He has extensive trial experience in both New York state and federal courts, and has lectured frequently on trial preparation, jury selection, construction litigation, premises liability, site safety, and the Affordable Care Act, among other litigation topics.

Related Legal Alerts

Related News

Publications

  • The Impact of the Affordable Care Act on Personal Injury Litigation
  • Defending Construction Accidents
  • Cross Examining the Life Care Planner and Undermining the Life Care Plan
  • Defending Construction Accidents Under the New York Labor Law
  • Defending Economic Damage Claims
  • Defending Against Life Care Planning Experts

Significant Litigation and Verdicts

  • Stolowski v. 234th East 178th Street and The City of New York, February 2016
  • In Re: Steam Pipe Explosion at 41st Street and Lexington Avenue, Pending 2016
  • Graffagnino and Beddia v. LMDC, Bovis and Galt, et al., “The Deutsche Bank” Fire Cases, Pending 2016
  • Gonnell v. Fairway Market, Bronx County verdict, November 2014
  • Chacha, Segundo v. Metropolitan Museum of Art, New York City, August 2011
  • Jock v. Landmark Healthcare Facility, Supreme Court, Columbia County, October 2009
  • Keyser, Joy Adrienne v. KB Toys, Inc., Suffolk County, Defense Verdict September 2009
  • Crooms v. Sauer Brothers, Inc.; Supreme Court, Bronx County, June 2006, verdict affirmed, 2008
  • Francis v. CC Controlled Combustion; Supreme Court, Bronx County, March 2006
  • Custini v. Bloomingdales, Inc.; and Federated Department Stores; Supreme Court, Suffolk County, Verdict January 2006
  • Prendergast v. State of New York; New York Court of Claims, June 2005
  • Cioffi v. American Airlines & VRH Torcon; Supreme Court, New York County, Verdict December 2004
  • Nayberg v. Federated and Bloomingdale’s; Supreme Court, Nassau County, Verdict October 2003
  • Suwada v. Presbyterian Hospital & Columbia University; Supreme Court, New York County, May 2001
  • Rodriguez v. New York City Housing Authority; Supreme Court, Kings County, Verdict November 1999
  • Perry v. Manoco, L.P. v. NYNEX; Supreme Court, New York County, Verdict December 1996

Professional Presentations

  • CLM National Conference Presenter, The Impact of the Affordable Care Act on Personal Injury Litigation, April 2016
  • Defending Construction Accidents Under the New York Labor Law: Prosecution of Third-Party Common Law, Contractual Indemnity and Partial Indemnity Claims, USTA, July 2015
  • The Impact of the Affordable Care Act on Personal Injury Litigation: A Plan to Defend Against Claims for Future Medical Costs, Life Care Plans, and Loss of Health Insurance, AIG/Lexington, Boston, April 24, 2014, Sompo, Charlotte, North Carolina, January 7, 2015, Tokio Marine, Pasadena, California, January 16, 2015
  • May 15, 2014, and December 18, 2014 – National Webinar: The Impact of the Affordable Care Act on Personal Injury Litigation: A Plan to Defend Against Claims for Future Medical Costs, Life Care Plans, and Loss of Health Insurance
  • Defending Construction Accidents: Indemnity, Partial Indemnity Claims and Third-Party Practice, Liberty International Underwriters, April 1, 2014
  • Defending Construction Accidents: Indemnity, Partial Indemnity Claims and Third-Party Practice, New York State Bar Association, March 21, 2014
  • Defending Construction Accidents Under the New York Labor Law: and Prosecution of Third-Party Common Law, Contractual Indemnity and Partial Indemnity Claims, AIG/Lexington, Boston, September 25, 2013
  • Cross Examining the Life Care Planner and Undermining the Life Care Plan, Hartford Insurance, June 12, 2013
  • Defending Construction Accidents Under the New York Labor Law: And Prosecution of Third-Party Common Law, Contractual Indemnity and Partial Indemnity Claims, Hartford Insurance, June 12, 2013
  • Defending Construction Accidents: Indemnity, Partial Indemnity and Third-Party Practice, New York State Bar Association, December 7, 2012
  • Rebuilding the World Trade Center: The Cost of Personal Injury Litigation Requires an Extraordinary Site Safety Undertaking Augmented by Litigation Experience, July 27, 2012
  • A Practical Guide to Third-Party Practice: Defending and Prosecuting Common Law, Contractual Indemnity and Partial Indemnity Claims, New York State Bar Association, December 2, 2011
  • Defending Construction Accidents under the New York Labor Law: AIG, November 2010, December 2009, September 2008
  • Defending the Employer from Third-Party Claims: AIG, 2006, 2005
  • New York County Lawyers Association: New York Civil Procedure and Jury Selection CLE Seminar, 2004, 2003, and 2002
  • New York State Bar Association CLE Lecture: Practical Skills and Pleadings, November 2001
  • New York County Lawyers Association: Trial Preparation, November 2000
  • Bar Exam Preparation: Jury Selection, Spring 2000

Admissions

New York

Education

Albany Law School

Juris Doctor, 1987

Colgate University

Bachelor of Arts in Psychology, 1984

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