Darrell Whiteley

Partner

Darrell.Whiteley@lewisbrisbois.com

Darrell Whiteley is a partner in Lewis Brisbois’ New York Office and co-chair of the National Construction Practice of Lewis Brisbois. He runs a practice team of 32 lawyers and handles all types of general liability cases. Mr. Whiteley is regularly retained for trial by developers, contractors, property owners, construction managers, primary and excess insurers and brokers to defend significant personal injury and property damage claims.

The Whiteley Group represents national, regional, and local developers, owners and construction firms undertaking large public infrastructure and private sector construction projects. These projects presently include Two Terminals at John F. Kennedy Airport, The Second Avenue Subway, the Recently Completed East Side Access Tunnel, the Reconstruction of LaGuardia Airport, The Central Park Tower on 57th Street, the Lower Manhattan Development Corporation, the Waterworks Project, the MTA New Capital Program, and multiple highway construction projects in New York, Texas, Florida, California and Illinois.

Mr. Whiteley has focused experience defending cases under the New York Labor Law, and in the defense and litigation of large economic damage claims involving union and non-union labor for prominent owners and developers of residential and commercial buildings and sports complexes in New York including The Barclays Center and The Arthur Ashe Stadium. His practice also includes the defense of many high-profile media 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 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, medical malpractice, 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, life care plans, economic damages, jury selection, construction litigation, premises liability, site safety, and the Affordable Care Act, among other litigation topics.

Primary Area(s) of Practice

  • Construction
  • General Liability
  • Products Liability
  • Transportation
  • OSHA Safety & Health
  • Railroad Practice
  • National Trial Practice
  • New York Labor Law

Additional Experience

Admissions

New York

Professional Presentations

  • “Effectively Defending General Liability,” May 9, 2023
  • "An Overview of New York Labor Law, Coverage Issues and Risk Transfer," Sompo, New York City, New York, March 22, 2023
  • “Accident Investigation I: Construction,” Lewis Brisbois CLE Webinar, August 18, 2022
  • An Advanced Discussion of New York Labor Law Accident Investigation - Discovery & Motion Practice Goals In Construction, Chubb, March 10, 2022
  • “New York Labor Law and the Impact of COVID-19,” Alliant Insurance Services, June 3, 2021
  • Restarting Construction in the Shadow of Covid-19: A Wide Eyed View of Safety Precautions and a Resource for Public Information – Alliant Insurance Services - June 2020
  • General Liability, Premises Liability & Commercial Auto – Tokio Marine America – January 2020
  • An Overview of New York Labor Law – Walt Disney Companies – December 2019
  • An Overview of New York Labor Law – Chubb North American Claims/Underwriters – November 2019
  • Economic Damages & Lifecare Plans – LBBS Webinar to 95 Institutional Firm Clients – October 2019
  • Defending Construction Accidents Involving New York Labor Law: Risk Transfer, Investigations & Defense – F Sciame – August 2019
  • An Overview of New York Labor law – JP Morgan Chase – March 2019
  • An Overview of New York Labor Law – Chubb North American Claims/Underwriters, March 2018
  • New York Construction Risks & Emerging Trends – Chubb North American Claims, November 2017
  • Trial Preparation and the Use of Economic Experts at Trial – Lewis Brisbois Webinar, October 2017: Attended by over 60 Insurance carriers
  • Defending Construction Accidents Under New York Labor Law – Delta Airlines, October 2017
  • General Liability & Premises Liability – Costco Wholesale, April 2017
  • 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, The United States Tennis Association, 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

Education

Albany Law School

Juris Doctor, 1987

Colgate University

Bachelor of Arts in Psychology, 1984

Publications

  • Excess Counsel Best Practices concerning the Engagement/Replacement of Primary Counsel for Trial
  • 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

  • Barton v. The City of NY, et al – Supreme Court, Kings County – July, 2022
  • Wilson v. Stanslao Denapoli, et al – Supreme Court, Bronx County – April, 2022
  • Diaz v. HHS TS LLC, et al  – Supreme Court, Bronx County – November, 2021
  • Thompson v. New York Safe Rides, Inc. – Supreme Court, Kings County – January 2020
  • Zoubkous v. Whole Foods Market Group, Inc., et al – Supreme Court, Kings County – December, 2019
  • Tavares v. The City of New York, et al. – Supreme Court, Kings County – December 2019
  • Brito v. Corey Green, et al. – Supreme Court, Bronx County – September 2019
  • Watkins v. Delerimar Realty Corp, et al – Supreme Court, Kings County – March, 2019
  • In Re: Con Edison Steam Pipe Explosion at 41st Street and Lexington Avenue, Pending – framed issue trial – April 2019 
  • Craddock v. Extell 4110 LLC, et al – Supreme Court, Kings County – July 2018
  • Zepf v. Brooklyn Events Center LLC, et al – Supreme Court, Kings County – July 2018
  • Cross v. Noble Ellenburg Windpark, LLC, et al – Supreme Court, New York County – June 2018
  • Anthony v. Dragados USA, Inc., et al – Supreme Court, Kings County – March 2018
  • Schonbrun v. Marjep Realty Corp., et al – Supreme Court, Suffolk County – March 2018
  • Gutierrez v. 451 Lexington Avenue, LLC, et al – Supreme Court, Bronx County – March 2018
  • Thomas v. 215 East 68th Street, LP, et al – Supreme Court, New York County – February 2018
  • Geronimo v. New York City Transit Authority – Supreme Court, Queens County – February 2018
  • Grottano v. City of New York – Supreme Court, New York County – January 2018
  • Nunez v. LMJ Vision, Inc., et al – Supreme Court, New York County – March 2018
  • Martin v. 4610 East Coast LLC - Supreme Court, Bronx County – December 2017
  • Busanet v. Matthew Marturano, et al – Supreme Court, Bronx County – November 2017
  • Zajkowski v. 60 East 42nd St. Associates, L.L.C. – Supreme Court, Queens County – November 2017
  • Magalhaes – Hines 1045 Ave of Americas, et al – Supreme Court, Kings County – November 2017
  • Ledwith v. The City of New York – Supreme Court, New York County – October 2017
  • Laudat v. Trinton Realty Group, et al – Supreme Court, Kings County – August 2017
  • Haynes v. Bellport Property Investors I, LLC, et al – Supreme Court,  New York County – July 2017
  • Pacheco v. Mobilpro Installation, et al – Supreme Court, Queens County – July 2017
  • Reyes v. 105-05 69th Avenue, LLC – Supreme Court, Kings County – April 2017
  • Stolowski v. 234th East 178th Street and The City of New York, February 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