James Cicchetti and Beth Cicchetti v. 56th and Park (NY) Owner, LLC, 56th and Park (NY) Holdings, LLC, Lend Lease (US) Construction Inc., Macklowe Construction, LLC, Macklowe

James Cicchetti and Beth Cicchetti v. 56th and Park (NY) Owner, LLC, 56th and Park (NY) Holdings, LLC, Lend Lease (US) Construction Inc., Macklowe Construction, LLC, Macklowe

ARM, KNEE AND HEEL INJURIES

Caulker

New York, New York

The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $765,000. The settlement also included a waiver of the workers’ compensation lien. The negotiations were mediated by Kenneth Grundstein, of National Arbitration and Mediation Inc.

$765,000

On April 5, 2014, plaintiff James Cicchetti, 46, a union-affiliated caulker, worked at a construction site that was located at 432 Park Ave., in Manhattan. During the course of Cicchetti’s work, he fell off of an 8-foot-tall A-frame ladder. He landed on a cement floor, and he claimed that he sustained injuries of his arms, a knee and a heel.

Cicchetti sued the premises’ owner, 56th and Park (NY) Owner, LLC, which was one of the construction roject’s developers; a related entity, 56th and Park (NY) Holdings, LLC; some of the project’s developers, CIM Group, Macklowe Properties Inc. and Macklowe Construction, LLC; and the project’s general manager, Lend Lease (US) Construction Inc. Cicchetti alleged that the defendants violated the New York State Labor Law.

Cicchetti claimed that the accident occurred while he was descending the ladder. He claimed that the ladder shifted beneath his feet. Cicchetti’s safety expert inspected the ladder, and he submitted a report in which he opined that the ladder was unstable and defective.

Cicchetti also claimed that wet conditions contributed to the accident. He claimed that water had been allowed to pool in the area in which he was working, that his boot soles had retained some of the water, and that the water was tracked onto the ladder’s steps.

Cicchetti’s counsel contended that the defendants violated New York Codes, Rules, and Regulations title 23, part 1.21, which addresses the safety of ladders used in a workplace. Cicchetti’s counsel further contended that the violation established that the defendants failed to provide or ensure reasonable and adequate protection, as required by Labor Law § 241(6).

Defense counsel contended that the ladder and the work area were safe. He contended that the accident was a result of Cicchetti’s failure to exercise due caution.