The FedEx employee's accident occurred in 2008, just after Mackintosh's personal cleaner – hired as an extra to the office building's own cleaning staff – had mopped the floor. The claimant, who asked to remain anonymous because he lives in an area of high crime, suffered a torn rotator cuff, ruptured quadriceps tendon and torn meniscus in his knee, on top of neck and back injuries, and was left disabled by the fall.
While the producer did not testify in court – nor was he in the office at the time of the accident – his staff acknowledged that the arrangement was unusual.
Office manager Jennifer O'Connor said: "It is my understanding that because we care about the look of our office and our high-profile clientele, that [Esme David] was hired to come in and do supplemental cleaning … because what was done by the building [staff] was not sufficient."
According to one witness testimony, "she only cleans [Mackintosh's] side of the office."
The deliveryman's lawyer, Scott Rynecki, said: "For someone who produced elaborate Broadway shows, he didn't do such a good job managing his personnel. There are obvious dangers with mopping the floor at the same time people are arriving for work."
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