New York Injury Lawyers Blog

The Supreme Court of New York, Third Department (appellate court), recently upheld a summary judgment decision for the plaintiff, Joseph Miranda III, in a construction accident lawsuit. Miranda sustained a traumatic brain injury in a fall of approximately 30 feet at an Albany construction site.

Commonly referred to as "The Scaffold Act," Labor Law section 240 governs construction site fall accidents. Section 240 imposes strict liability on contractors. owners, and their agents; should the defendant be found in violation of the statute, no contributory negligence on the part of the plaintiff can mitigate the defendant's responsibility. The statute dictates compliant procedure to ensure the safety of workers. It clearly defines acceptable safety devices to be used when working in an elevation-risk setting as: "scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, [and] ropes." When the appropriate safety devices are not present at a construction site and a worker suffers a fall, courts will generally find for the plaintiff regardless of other circumstances.

In lieu of any of the above listed safety measures, the defendant in this case utilized a "safety monitoring system," whereby a designated worker is in place to warn other workers of there proximity to the edge. The court found that because a safety monitor offers no tangible physical support, the defendant violated Labor Law 240. On this issue of the suit, because there was no contested issue of fact, the court upheld partial summary judgment for the plaintiff. Based on Section 240, the court found that as a matter of law, the plaintiff necessarily prevailed on this issue of liability.

Other issues of fact existed in this case. One main lesson is clear: contractors and construction entities have a duty to protect the safety of their workers. This duty is guaranteed under the law, and courts have and will continue to uphold this guarantee. Joseph Miranda III has been left with a lifelong handicap as a result of negligence. With the court's help, at the very least he and his family have the peace of mind of knowing that the company has had to take responsibility for their negligence.

Continue reading "Summary Judgment In Favor Of Plaintiff Affirmed in New York Labor Law Construction Accident" »

A Manhattan court upheld a manslaughter indictment in the 2008 crane collapse that killed two workers. James Lomma, owner of New York Crane and Equipment, will face the manslaughter charges when the case goes to trial. Tibor Varganyi, former mechanic for New York Crane and Equipment, is also charged in the case. The crane collapse in late May, 2008 also significantly damaged several buildings on Manhattan's Upper East Side. The construction accident came quickly on the heels of another crane collapse in March of that year, which killed 7 people.

The two workers in the May accident were killed when the cab of the crane fell to the ground from high above the city. The crane operator, Donald Leo, was in the cab when it fell. Ramadan Kurtaj was killed on the ground.

The indictment from the New York County District Attorney alleges multiple violations of City regulations in the repair of the crane that eventually collapsed. These violations provide the basis for the criminal charges. The most serious of the charges in the original indictment is 2nd Degree Manslaughter. According to NY Penal Code Section 125.15(1), "A person is guilty of manslaughter in the second degree when he recklessly causes the death of another person." Manslaughter in the Second Degree is a Class C felony punishable by up to 15 years in prison. Lomma and Varganyi will have to answer these charges, among others, when the case goes to trial later this year.

Website Resource: Judge upholds manslaughter indictment against crane owner NY Post, Laura Italiano, February 15, 2011

Jose Colon has filed a notice of claim after being shot by a New York City police officer in the early morning hours of January 22. The shooting, which left a bullet lodged near the pelvis of the 76 year old resident of the Soundview section of the Bronx, occurred as officers raided Colon's home looking for his son. The cops entered the residence in an apparent drug raid. Colon's son, Alberto, was subsequently arrested when officers found heroin inside the apartment.

Doctors at Jacobi Medical Center were not able to remove the bullet despite performing a surgery that required 38 staples to close the incision. "I am going to be living with the bullet for the rest of my life," said Colon, fearing the wound will prevent him from returning to work for a Bronx nonprofit that provides housing for the homeless and mentally ill.

Mayor Bloomberg and Police Commissioner Kelly both visited Colon in the hospital. The NYPD has not commented on the incident.

In order to commence a lawsuit against New York City, a notice of claim must be filed within 90 days of the incident. If this does not occur, the matter can be dismissed.

Continue reading "Bronx Man Files Suit Against City After Being Shot By Accident By NYPD" »