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Action Brought Over Fall from Scaffolding


This case involves the plaintiff Siobhan Dennehy, who is the adminstratrix for the estate of Victor Pauta who is deceased versus the McGraw Hudson Construction Corporation and owner of 340 Madison. The McGraw Hudson Construction Corporation is also the plaintiff against the third party defendants All State Interior Demolition and High Rise Hoisting and Scaffolding. Additionally, a New York Injury Lawyer said the All State Interior Demolition Inc and High Rise Hoisting and Scaffolding are second third party plaintiffs against Site Safety LLC, the third party defendants.

Case History

The decedent of the plaintiff, Victor Pauta, worked construction and lived in Queens County. On the 21st of June, 2005, he fell from a scaffold while working at 340 Madison Avenue, located in midtown Manhattan. He suffered injuries to his back and neck from the fall and later died as a result.

The owner of the building in question is Madison Owner, LLC. McGraw Hudson Construction Corporation is a corporation licensed in the state of New York and they were the general contractor at the address at the time of the accident. All State Interior Demolition, Inc. is also a corporation licensed in the state of New York and they were a subcontractor for the job and are the third party defendants in the case. All State was the company that employed Pauta.

High Rise Hoisting and Scaffolding, is a corporation licensed by the state of New York and another contractor of the project. High Rise was hired to erect the scaffold that was being used by Pauta at the time of his construction accident. Site Safety, the second third party defendant had been hired to perform the safety inspections of the building.

Pauta had given a disposition before his death and stated that he had only received instructions from his All State supervisors on how to perform the job at hand. He also stated that he was not wearing a safety harness at the time because he was not issued any type of safety equipment that day and he had never been told to use any safety equipment.

Additionally, he stated that the scaffold from which he fell did not have any safety features. He stated that there were rocks and debris on the scaffold that caused him to slip and fall.

Case Arguments

The defendants in the case argue that there is no evidence that a defective or dangerous condition existed on the scaffold that Pauta fell from. The defendants also make the argument that the employer of Pauta, All State is responsible for making sure all of the debris is removed from the scaffolding prior to use. A Brooklyn Personal Injury Lawyer said the defendants state that they were not aware there was any debris or rocks on the scaffolding and have provided the court with the deposition of Ferrara, who states he had inspected the scaffold before the accident and there was no sign of debris. This satisfies the burden of proof required in this type of slip and fall case.

Court Ruling

The Court hereby finds in favor of a summary judgment granted to Site Safety LLC. This dismisses the second third party complaint and the other third party complaint is dismissed as well, with disbursements and costs. A Bronx Personal Injury Lawyer said the Clerk of this Court will issue and appropriate bill of costs.

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