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

A 26-year-old man working at the construction site for the Ramapo baseball stadium was injured Wednesday when the construction vehicle he was driving tipped over and ejected him from the driver's seat.

Joseph Delaney of Middletown, N.Y. was carrying a load of steel rods with the forklift-type vehicle just before noon Wednesday when the accident occurred, according to Ramapo police. Spring Hill Ambulance Corps took the construction worker to Good Samaritan Hospital in Suffern.

Officials on Wednesday afternoon said Delaney's injuries were confined mainly to the head, shoulder, femur and hip areas and described them as serious, but non-life-threatening. Ramapo police notified the Occupational Safety and Health Administration, which began its own investigation into the incident.

Delaney is employed with Nikko Construction Corporation in Valley Cottage. Rich Straniere, vice president at Nikko, said the construction vehicle was thrown off balance by a tire that had sunk several inches into the muddy ground. He said Nikko's equipment had been inspected Wednesday and no defects were found. The company was cooperating with OSHA's investigation.

About 5 p.m., Straniere said he had just come from visiting Delaney. "He's doing fine," Straniere said. "He's bruised up, he's nervous, but there were no breaks." Straniere anticipated that Delaney would be released from Good Samaritan later Wednesday night.

Website Resource:

Worker seriously injured at Ramapo baseball stadium construction site

The Journal News, James O'Rourke, November 18, 2010

A Bronx, NY jury recently awarded more than $4 million to a laborer who slipped and fell on ice on a construction site. Plaintiff Hassan Shabazz, a 37 year-old male at the time of the December 2002 incident, claimed that the site's tenant, the site's owner and the project's contractors failed to adequately clear a sidewalk.

He ultimately underwent a knee replacement surgery as a result of the fall, and an additional surgery may be necessary. Shabazz also contended that he cannot resume physical labor and that his sedentary work options are limited. The defendants argued that Shabazz's injuries were the result of degenerative conditions. The Bronx jury awarded damages in the amount of $4,175,341.28.

New York Prosecutors have indicted James Lomma, a crane company owner, on manslaughter and other charges stemming from the 2008 deaths of two New York City workers. The incident occurred when the giant crane snapped and crashed into a Manhattan apartment building, only two months after another crane collapsed in Manhattan killing seven people.

The indictment also named New York Crane and Equipment Corp. and J.F. Lomma Inc., and a former mechanic of New York Crane & Equipment Corp.

Website Resource:

Crane company owner indicted, Associated Press, March 8, 2010.

A 44 year-old New York carpenter, Luis Barros, will recover $8 million for injuries sustained after falling 15 feet off of a scaffold on a New Rochelle construction job site. A Bronx jury awarded the plaintiff $18,500,000 but the parties had previously agreed to a high/low agreement whereby the plaintiff's maximum recoverable amount was $8,000,0000.

The theory of the case was that the scaffold was structurally defective. Barros claimed that he sufferd a fracture of an ankle and herniations of three spinal discs. He underwent fusion of a portion of his spine, and he claimed that his injured ankle will require fusion. Liability was decided via summary judgment, but the defense challenged Barros' spinal injuries, suggesting that they were products of degeneration.

Website Resource:

Verdictsearch; March 4, 2010.

In the accident case, Park v. City of New York, a New York County jury found the defendant liable for injuries suffered by plaintiff on a construction site. The plaintiff suffered a fractured wrist, a fractured elbow/arm, and underwent multiple surgeries with the potential for additional surgeries. He still experiences pain and has a limited range of motion.

The jury returned a verdict in favor of the plaintiff for $2.3 million, which included $1,500,000 for past pain and suffering and $800,000 for future pain and suffering.

On appeal, the First Department affirmed the Trial Court reduction of the verdict to $1,000,000 ($600,000 for past pain and suffering and $400,000 for future pain and suffering.)

The First Department based its decision on several previous cases where the plaintiffs reportedly suffered similar injuries.

A January 29, 2010 construction accident in New York remains under investigation. Robert Fitzgerald, a 55-year-old North Arlington man, fell from the Wittpenn Bridge at around 4:30 am. Fitzgerald who worked for CSX Rail Line is believed to have lost consciousness after the fall as a result of hypothermia.

When rescue workers found Fitzgerald's body, they took him to Jersey City Medical Center where he died some hours later.

Website Resources:

Worker dies after fall from Jersey City bridge, Journal News, January 31, 2010.

The number of New York construction accidents and injuries are on the rise; however, the number of overall fatalities has dropped.

In 2009 the number of accidents jumped to the total of 224 from 2008 's reported 151. The number of injuries stemming from these accidents also rose from 178 to 246. The New York Buildings Department believes the increased number can be attributed to better reporting by contractors.

Overall, however, the number of fatalities fell by 18 percent. New York City experienced 19 construction-related deaths in the year of 2008. The number dropped to only 3 in 2009. Two of the deaths occurred in Manhattan and Brooklyn when two construction workers fell. Both had failed to properly secure required safety harnesses. The third death happened in Staten Island when a concrete wall collapsed on a worker.

The city has revised its construction codes for the first time in forty years in an effort to make sites more secure.

Website Resources:

Construction fatalities drop in 2009, as a decade-long building boom ends, Daily News, Brian Kates, January 7, 2010.

A New York County jury returned a verdict for almost $29 million for a construction worker that fell approximately 30 feet in an accident at a Jet Blue Terminal at JFk International Airport. The fall occurred July 11, 2006. The injured construction worker was 29 years-old at the time of the accident.

He was reportedly working on the structure's roof when a gust of wind sent him flying through an opening in the roof. He suffered a spinal fracture, as well as multiple other fractures that necessitated multiple surgeries. He was bedbound for months and has not yet returned to work. Plaintiff claimed that he was not provided a proper device to secure himself to the roof. The defense argued that plaintiff was an experienced construction worker who should have recognized the potential danger and avoided it. Defendants also contended that he ignored a warning to use a harness.

The jury returned a verdict for close to $29 million. The parties later settled for an undisclosed amount.

A 50 year-old construction worker fell from a 15 foot scaffold while working on a residential construction site in Park Slope, Brooklyn (NYC). The plaintiff was painting an exterior wall of a four-story condominium at the time of the fall. The scaffold's platform collapsed, and he fell approximately 15 feet. He suffered fractures of both heels, as well as other injuries. After the fall, he was transported to New York Methodist Hospital in Brooklyn, where he was found to be in shock.

Plaintiff sued the owner of the premises, its management company, the architect of the project and two subcontractors. He claimed that the scaffold planks were unsecured and did not have a railing. He further alleged that the fall was the result of an elevation-related hazard under Labor Law § 240(1), and that he was not provided the appropriate safety equipment required. The parties negotiated a $2,500,000 pre-trial settlement.

The New York Construction Accident Attorneys of Gallivan & Gallivan provide aggressive representation to construction workers injured on the job, including falls from scaffolds. Please contact us for a free consultation of you have been injured on a construction site.

A construction accident case filed in Dutchess County, New York recently settled for $2,500,000 ($1,700,000 from owner's insurance carrier, $550,000 from Worker's Compensation, and $250,000 from employer's general liability carrier) after jury selection. The plaintiff in the case was a 47 year-old non-union mason. He fell off a 20-foot retaining wall that he was working on, and as a result, suffered a traumatic head and brain injuries, as well as serious injuries to his neck and back.

The plaintiff sustained a herniated disc at L5-S1, a torn right anterior cruciate ligament, and a right parietal skull fracture. He underwent a craniectomy and cranioplasty at Westchester Medical Center and a right knee arthroscopy. He has also developed a seizure disorder and requires ongoing treatment and rehabilitation. He has not returned to work.

The plaintiff filed suit in Dutchess County, NY against the owner of property, who in turn, filed a third-party action against his employer. Plaintiff claimed that the owner of the property violated Labor Law 240(1) in failing to provide him with protective equipment while he worked at a height. Motions for Summary Judgment made by the defendants were denied.

The attorneys at Gallivan & Gallivan represent construction workers that have been injured on the job. Our goal is to ensure that our clients receive maximum compensation for their pain and suffering, lost wages, and past and future medical bills. Please contact us now if you or a loved one has been injured on a construction site.

Gallivan & Gallivan, Attorneys at Law, a White Plains, NY law firm focusing on the representation of injury and accident victims in the New York area, is proud to announce the launch of its new blog, www.newyorkinjurylawyersblog.com. Our goal is to provide readers with current news and analysis regarding the many issues facing accident victims and their attorneys in the Bronx, Queens, Manhattan, Brooklyn, Rockland, Orange, Westchester, Nassau and Suffolk Counties.

The attorneys at Gallivan & Gallivan provide aggressive and effective representation to those injured in car accidents, trucking accidents, construction accidents, scaffolding accidents, and pedestrian knock-downs, as well as victims of medical malpractice. Please click here for a sampling of verdicts and settlements we have achieved for our clients.

If you have any questions or are seeking representation, please do not hesitate to contact us for a free consultation at one of our three conveniently located offices.