New York Injury Lawyers Blog

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

Producers canceled the Decemeber 22nd matinee performance of "Spider-Man: Turn Off the Dark" after stunt actor Christopher Tierney plunged from an elevated platform during the December 20th performance in New York. Tierney fell approximately twenty feet from the platform into the basement beneath the stage.

Tierney is the latest of four Spider-Man performers to be injured since September. As a result of the workplace accident, he suffered internal bleeding and broken ribs, and was taken to Bellevue. This latest accident has led to investigations from federal and New York inspectors, and the Actor's Equity Union.

Rick Miramontez, spokesman for the production, said via email, "The production knows exactly what happened at Monday's performance, and it is being dealt with." He added, "additional redundancies are being put into place to ensure that will never happen again." Leo Rosales, a spokesman for the state safety inspectors, was awaiting details on safety protocols and procedures from the production. According to Rosales, the state was not authorized to shut down production during an on-going investigation.

Depending on the specific factual circumstances, Tierney may be able to collect damages in addition to Worker's Compensation if it is determined that the fall was due to the negligence of a third party (not his employer).

Website Resource:

'Spider-Man' Matinee Is Canceled, The New York Times, Patrick Healy, December 21, 2010

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

Amir Zeqiri, 17, a Central Islip, NY resident, drowned in a bizarre incident. The tragedy occurred when the teenage employee went behind the Smithtown, NY Dunkin' Donuts to empty the garbage and fell into the open cesspool. After not returning to work, Zeqiri's younger cousin when out to investigate and noticed the boy flailing around in 8 feet of filthy water. He ran for help. Upon returning the boy had slipped beneath the surface.

Amir Zeqiri was fished out the filthy cesspool and rushed to the nearest hospital where he later died.

Dunkin' Donuts and its employees expressed condolences for the boy's tragic death. The hole Zeqiri reportedly fell into was not covered with a manhole. A personal injury and/or wrongful death may be initiated against the entity charged with the duty of maintaining the premises.

Website Resource:

Teen dies after falling into open cesspool outside of Long Island Dunkin' Donuts, Daily News, Corky Siemaszko, March 1, 2010.

A Bronx (NYC) jury recently awarded $2,106,874 to an employee of the Triborough Bridge and Tunnel Authority who suffered a fractured ankle when he fell at a tollbooth plaza of New York's Bronx Whitestone Bridge. The plaintiff fell on a pothole that was recently repaired in a lane that was designated for trucks.

The plaintiff alleged that the TBTA improperly allowed trucks to use the lane that was just repaired, causing the hole to reopen. The defense argued that the defect was not "significant." However, the incident was memorialized on video and the Bronx jury sided with the plaintiff.

The NY Accident Attorneys at Gallivan & Gallivan provide aggressive, effective representation to all our personal injury clients. If you or a loved one has been injured due to a dangerous condition at the workplace, please contact us for a free consultation.