Alvaro Anton v. West Manor Construction Corp. Larino Masonry, Inc., Bradhurst 100 Development, LLC, & NYC Partnership Housing Development Fund Company, Inc.

Alvaro Anton v. West Manor Construction Corp. Larino Masonry, Inc., Bradhurst 100 Development, LLC, & NYC Partnership Housing Development Fund Company, Inc.

HEAD, NECK AND SHOULDER INJURIES

Plumber

Bronx, New York

The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Susan Hernandez-Roura. Larino Masonry’s insurers agreed to pay a total of $2.65 million. Larino Masonry’s primary insurer also reimbursed more than $800,000 in attorney’s fees incurred by NYC Partnership Housing Development Fund.

$2,650,000

On May 18, 2006, plaintiff Alvaro Anton, 32, a plumber, worked at a construction site that was located at 102 Bradhurst Ave., in the Harlem section of Manhattan. While Anton was standing on a driveway that provided access to a basement, he was struck by a cinder block that had been dropped off of the sixth story of the building that was being constructed. Anton claimed that he sustained injuries of his head, his neck and a shoulder.

Anton sued the premises’ owner, NYC Partnership Housing Development Fund Co. Inc., the construction project’s general contractor, West Manor Construction Corp., the project’s developer, Bradhurst 100 Development LLC, and a subcontractor who employed the person who dropped the cinder block, Larino Masonry Inc. Anton alleged that the defendants violated the New York State Labor Law.

Bradhurst 100 Development, Larino Masonry and West Manor Construction impleaded Anton’s employer, Tiegre Mechanical Corp. Bradhurst 100 Development, Larino Masonry and West Manor Construction alleged that Tiegre Mechanical controlled and directed Anton’s work functions. They sought contractual indemnification.

NYC Partnership Housing Development Fund was awarded conditional indemnity by Bradhurst 100 Development and West Manor Construction.

Anton claimed that the incident occurred at the beginning of the workday, moments after he had delivered a key to a toolbox that was located in the basement, which also served as a parking garage for workers. Anton’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Anton was not provided the proper, safe equipment that is a requirement of the statute. He also contended that the site was not properly safeguarded, as required by Labor Law § 241(6), and that the defendants violated Labor Law § 200, which defines general safety requirements.

Counsel of Bradhurst 100 Development, Larino Masonry and West Manor Construction contended that the accident occurred in an area that was off-limits to non-supervisory personnel, which included Anton, but that the restriction had not been communicated to Anton by Anton’s employer, Tiegre Mechanical.

Each party moved for summary judgment of liability. Judge Norma Ruiz dismissed the claims against Tiegre Mechanical, and she found that the remaining defendants violated Labor Law § 240(1). The matter proceeded to damages.