New York Personal Injury News & NYC Legal Current Events

Unfortunately, accidents and injuries happen every day in New York City and the surrounding area. Keep up to date with the latest news and information regarding accidents, injuries, and injury lawsuits in New York by reading our regularly updated NYC legal news items.

News Category: All CategoriesWrongful DeathCar AccidentsConstruction AccidentsSlip and FallTruck AccidentsProducts LiabilityMedical MalpracticeInjured Workers LawGeneral

Construction Accidents

• OSHA Releases New Crane Regulations After NYC Construction Accidents
  Aug 11, 2010

  The Occupational Safety and Health Administration (OSHA) is making its first changes to crane safety regulations in four decades – the first changes ever made to federal crane and derrick rules. The tighter restrictions were decided upon in the wake of two high-profile fatal crane accidents that occurred in Manhattan, New York, in 2008.
  
  The new regulations will require that crane operators be certified, though current crane operators will have four years to earn their certificate. At the same time, those working in the area surround the crane, such as riggers, must be qualified for the job. Other regulations include an inspection for the crane before it is erected, greater responsibility for the general contractor, who is expected to control ground safety, and stricter rules about electrical hazards.
  
  While the rules will affect an estimated 267,000 construction companies and millions of workers, even crane companies and operators agree that it was time for tighter regulations and stricter rules – as long as everyone is made aware of the changes and has time to implement them.
  
  The OSHA believes that these new regulation will cut the crane death rate by twenty percent – from about 100 workers each year to about 80 workers each year. In addition, according to assistant secretary of labor David Michaels, the new measures will save about $55 million in costs per annum. The new rules hope to reduce crane collapses, electrocution accidents, crushing accidents, and toppling accidents.
  
  In March 2008, a crane collapsed near Second Ave. and 50th St. in New York City, killing workers and bystanders. Months later, another fatal crane accident rocked Manhattan, drawing national attention to crane accidents and construction safety.
  - 31 - 40

• New York Crane Accident Trial Continues For William Rapetti
  Jul 07, 2010

  The manslaughter trial of the rigger many believe was responsible for the tragic crane accident in Manhattan in 2008 is underway this week, with a number of witnesses testifying about the day in March two years ago when the 200-foot-long crane crashed into the streets of New York City, killing seven people and seriously injuring two dozen others.
  
  William Rapetti, owner of Rapetti Rigging Services, is on trial for a number of charges, including negligent homicide and falsifying documents. He has admitted to not checking the crane supports on before the crane accident, and prosecutors say that he ignored a number of federal building regulations. The crane fell as it was being raised. Rapetti’s defense is arguing that the majority of blame lies with New York City’s Buildings Department, which lied about inspecting the crane and which wasn’t even aware an illegally tall building was being constructed at the building site. Rapetti has pled not guilty to all charges.
  
  One survivor of the New York crane accident, 33-year-old John Gallego, testified in court about his experience – he was sitting in his apartment on his couch when the crane fell on his building, leaving him trapped in the rubble. He was rescued four hours later, but had to undergo a number of leg surgeries and still walks with a cane. Gallego’s friend, Oldin Torres, who was visiting from another state, was killed in Gallego’s apartment when the crane fell.
  
  Rapetti faces 15 years in jail if convicted.
  - 32 - 40

• Brooklyn Construction Site Owner Acquitted After Fatal Accident
  Jun 28, 2010

  The owner of a Brooklyn construction site has been found not guilty of manslaughter, criminally negligent homicide, and reckless endangerment in a trial concerning the death of a New York City construction site worker.
  
  NY businessman William Lattarulo was building a new coin laundry at a site in Brooklyn using illegal immigrants and shoddily drawn plans that he had completed himself instead of hiring an architect. Going against expert advice, Lattarulo asked his workers to dig a trench at the building site in an unsafe manner, causing the wall of the structure next door to fall on construction worker Lauro Ortega. Ortega was crushed by dirt and construction debris.
  
  Lattarulo’s lawyer argued that the construction site owner was being held up as an example to other New York City contractors and property owners after a slew of deadly construction accidents occurred in 2008. The New York defense attorney argued that Lattarulo was cutting corners and cutting costs to a dangerous degree – but agreed that a manslaughter charge would be hard to prove in any construction worker death case.
  
  But although Lattarulo has been acquitted of the above charges, he now must return to court for two civil lawsuits – a New York wrongful death lawsuit that has been filed by Ortega’s family and a property damage lawsuit filed by the family whose house was ultimately destroyed because of Lattarulo’s poor construction site decisions.
  
  It is unclear whether the coin laundry operation’s building will continue in the future.
  - 33 - 40

• NYC Construction Workers Injured When Brooklyn Building Collapses
  Apr 10, 2010

  Three New York City construction workers and one pedestrian were injured when a building suddenly collapsed in the Williamsburg neighborhood of Brooklyn on March 28.
  
  The apartment building, which was located on 34 Conselyea Street, was being renovated and was under construction at the time of collapse. Three construction workers were injured, with one worker suffering life-threatening on-the-job injuries. A passer-by who saw the collapse was injured while trying to help get the workers out of the building. All of the construction site injury victims were taken to a nearby NYC hospital for treatment – one of the men was buried up to his head in rubble and had to be extracted.
  
  The New York City Department of Buildings does not know what caused the collapse, but released a statement that it appeared that some of the vital structural support in the building had been removed prior to the collapse. DOB Commissioner Robert LiMandri also told reporters that the organization had received a complaint about the safety of the build on February 4 – more than a month before the collapse took place. Unfortunately, although inspectors went to the building site, they could not get inside the structure to determine its safety. Currently, DOB is looking for engineering plans for the building in order to better determine what went wrong to cause this Brooklyn construction accident.
  
  Those who lived in the neighborhood with the building had noticed that the structure did not seem sound – one street resident reported seeing a crack travel down the side of the building and widen in past weeks. - 34 - 40

• Crane Company Owner Faces Manslaughter Charges In NYC Crane Tragedy
  Mar 30, 2010

  The crane company involved in both of the fatal New York City crane collapses of 2008 has been charged in one of the two construction site accidents this week. The owner of New York Crane and Equipment Corporation, James Lomma, has been charged with manslaughter regarding the 91st Street crane collapse that took place in May of 2008. More charges, this time for an employee of the crane company and for the company itself are expected soon.
  
  Two Manhattan construction workers were killed after the crane toppled over. Months before the fatal NYC construction accident took place, the crane had been struck by lightening and required major maintenance. While the company received a number of offers to fix the crane, it ultimately went with a Chinese company who underbid considerably but who sent an email saying that they weren’t sure if they had the skill or equipment to successfully fix the crane.
  
  In the other fatal crane collapse, which also involved James Lomma and his crane company, seven people were killed when a crane malfunctioned on East 51st Street. In that construction site accident, a rigging contractor was charged with manslaughter and a city inspector resigned after being charged with falsifying inspector paperwork and with accepting bribes from crane companies.
  
  While these two construction accidents were extremely tragic, they have, the city says, improved safety guidelines and crane inspections. Since the two NYC crane accidents, there has not been a major crane malfunction in the city.
  - 35 - 40

• Employer facing Criminal Charges for Unsafe Work Conditions
  Mar 10, 2010

  James Lomma, a  construction crane owner, and Tibor Varganyi, a mechanic, are paying for the inadequate repair job on a giant rig, which fell apart and killed two construction workers  on Manhattan's Upper East Side in May 2008.  Both were charged with manslaughter.  
  
  It appears workers spotted a crack in the turntable in May 2007 and Lomma told Varganyi to arrange for a replacement.  After getting the work done, they were aware there was still potential trouble and did not follow the required rules and safety guidelines to prevent this construction accident.
  
  Loma, 64, and Varganyi, 63, face up to 15 years in prison if convicted.  The slain workers' families, who are suing Lomma and others over the collapse, welcomed the criminal case.  The victims families are eligible for workers compensation death benefits. - 36 - 40

• New York Construction Worker Deaths Fall 84 Percent, Injuries Rise
  Feb 24, 2010

  While the number of New York City construction accident deaths fell significantly in 2009 worker injuries in Manhattan, Queens, Brooklyn, and the Bronx are up. Only three men died in construction accidents in 2009, compared with 19 worker deaths in 2008. Many believe there are concrete reasons for the two trends in NYC construction accidents.
  
  First, many construction is down generally due to the recent economic recession. Since fewer construction workers are employed and fewer construction sites are active, fewer construction workers are getting killed while on the job.
  
  Secondly, the two widely-reported crane accidents and injuries in 2008 drew attention to the construction industry in New York and to construction safety measures and regulations. Although seven people died in just one crane accident in 2008, the repercussions of this tragic construction accident have led to safer construction sites overall.
  
  Despite the drop in NYC construction worker fatalities, injuries were up, from 178 to 246. This number is somewhat boggling considering the limited amount of construction work and the lower number of deaths. Some believe that the higher injury number is due to more construction companies and more workers reporting all types of injuries due to the heightened safety concerns of the last two years.
  
  Two of the deaths were fall injuries in which workers were not wearing mandatory safety harnesses. Construction site falls continue to be one of the leading causes of injury and death in New York.
  - 37 - 40

• NYC Construction Worker Breaks Ribs In 8-Story Fall From Scaffolding
  Jan 15, 2010

  Scaffolding safety is a major concern for construction workers – especially for those who work on the upper floors of some of Manhattan’s tall buildings and sky scrappers. If scaffolding is not safe, a routine construction job can end in a serious construction site accident and construction site injury – and this was certainly the case in the Garment District in New York City on Christmas Eve.
  
  On December 24, construction worker 29-year-old Jose Paulino of the Bronx fell eight stories after the building scaffolding he was working from broke under his feet. The man was seriously injured but will survive the 80-foot fall, according to St. Vincent Hospital where the young man is recovering from broken ribs, a neck injury, a leg injury, and a shoulder injury.
  
  The construction accident took place at 580 Eighth Ave and 38th St., where Paulino was taking apart scaffolding after repairing the side of a 20 story building. The scaffolding plank he was standing on at the 16th story snapped underneath him and he fell to another piece of scaffolding 8 stories below. His brother, 26-year-old Juan Paulino, also of the Bronx, witnessed the fall.
  
  Paulino’s mother, wife, and children comforted him at the hospital and shared their thanks for his survival. The New York City Building Department has ordered work to stop at the construction site until the NYC construction accident is fully investigated. The construction company employing Paulino, Dry New York, is also looking into the accident. - 38 - 40

• Bronx Jury Awards Injured NYC Construction Worker $9.36 Million
  Oct 13, 2009

  Are New York City construction workers given the safety equipment and the protection they need against on-the-job accidents? Unfortunately they are not always looked after as they should be by their employees under New York law. This was certainly the case with a Bronx construction worker who fell two stories while on the job - an NYC construction site accident that could have and should have been prevented with the proper safety measures.
  
  This week a Bronx jury awarded the injured worker with $9.36 million in damages - an amount that should cover his past and future medical bills as well as his pain and suffering. The jury only deliberated for about an hour before deciding on the side of the injured construction worker and against his employer who did not provide him with any sort of safety harness or net while working.
  
  The accident took place in the Bronx in the spring of 2006 when the worker in question fell while working on the outer wall of a building. The man suffered two fractured feet and a fractured knee - serious injuries that required multiple surgeries and that will plague him for the rest of his life. During the trial several doctors, a life care planner, and an economist testified that the injured construction worker would face a number of challenges in the future because of his shattered feet, including future home care and possible life in a wheelchair.
  
  The developer and general contractors of the East Clark Street building were found to be negligent in providing proper safety equipment and are responsible for paying the damages.
  
  - 39 - 40

• OSHA Investigates Tractor Death of New York Landscaping Worker
  Sep 26, 2009

  The Occupational Safety Hazard Administration (OSHA) is investigating the death of a New York landscaper who died on the job in South Bristol, NY, at the beginning of September. Ontario County Sheriff's Deputies reported that the man, 55-year-old James Meisenzahl, was clearing away some small trees and brush on a hillside when his 2007 Bobcat T300 tractor flipped over and rolled down the hill.
  
  The fatal New York worker accident took place near County Road 12 in Ontario County. At almost three in the afternoon. According to the man who found the on-the-job accident victim, Meisenzahl was found slumped over in the tractor, which had come to rest in an upright position. The man who found the dead contract worker, property owner John Allhusen, had hired him to clear the brush and was stopping in to check on his progress clearing the field.
  
  Meisenzahl was pronounced dead at the scene by emergency responders. Although it is likely that he died of a severe head injury after being crushed by the heavy equipment, an autopsy is being performed to confirm the cause of death. The man was from Naples, NY, and had been hired for contracted construction work throughout the region for the last decade.
  
  "He was a well-respected craftsman and a nice person," said Gail Musnicki, manager of Bristol Builders. "We were friendly competitors."
  
  The federal Occupational Safety Hazard Administration (OSHA) was notified of the NY worker accident and will investigate with the help of Ontario County Sheriff's Deputies.
  
  - 40 - 40