Latest News 2011 December A Gust of Wind + No Harness = Construction Worker's Wrongful Death

A Gust of Wind + No Harness = Construction Worker's Wrongful Death

The Stamford Advocate has reported that a lawsuit naming several entities responsible for negligence, which led to the fatal fall by a construction worker, has been filed in Bridgeport Superior Court.

J.S., 36, was blown by a gust of wind from the Chelsea Piers construction site last October and fell over 50 feet before meeting the ground.  His fall was not broken by safety equipment, the company he worked for failed to ensure their competence and weather conditions were not taken into account before starting construction.

Named in the suit are AP construction, along with subcontracting firms, American Building Group and Merritt Contractors.

The Trumbull subcontracting firm, American Building Group, was hired by AP Construction to install a roof at the Chelsea Piers Sports Complex.  The complex is 418,000 square feet and located in the East Side at 1 Blachley Road.

AP Construction is named for it's failure to provide a safe working environment as they ordered American Building Group install a roof at least 40 feet from the ground, without ensuring that both weather conditions were taken into account and safety measures were in place. 

The suit states that AP failed to make certain that American was competent and qualified for the job.

Russell Berkowitz, the attorney for J.S.'s family, said, "While I'm sure the developer, owner and general contractor will reap the benefits of the project once it's completed, the construction site at Chelsea Piers was shockingly unsafe and was a fatality waiting to happen."

The spokeswoman for AP Construction, Kim DePra, said, "It is a very unfortunate incident.  It goes without saying that there is not a person in our company or in the entire construction industry that doesn't mourn the loss of a construction worker."

Besides the three construction companies, also named in the suit are Chelsea Piers Connecticut and Stamford Exit 9 LLC.  The two companies partnered to purchase the former 33-acre Clairol campus for $16.75 million in 2010.

J.S. was working on the roof on October 25 when a strong gust of air caused him to loose his balance and then, unable to resume sure footing, fall several dozen feet to his death on a concrete floor.

Berkowitz said that the family will be seeking substantial damages over $15,000 in the lawsuit. Two of J.S.'s brothers were also working on the site that day and claim to have suffered emotional distress when they saw their sibling in "extreme pain" and "significantly deformed" after his fall.  J.S.'s widow, R.S., is suing for lost earnings and loss of companionship. 

J.S. also leaves behind three children.

The Federal Occupational Safety and Health Administration has already determined that the wind pushed J.S. from the roof and that he wasn't wearing a harness or straps to prevent him from falling. 

Contact a personal injury lawyer if you believe you have grounds for a wrongful death lawsuit.  Monetary awards are often made to defray any costs you have encountered with the death of your loved one.

Categories: Wrongful Death

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