Angel Perez

John T. Brennan, Henderson & Brennan, White Plains, New York (Pavarini McGovern, LLC)
Doreen Correia, Robin, Harris, King & Fodera, New York, NY (281 Broadway Holdings, LLC) Lawrence Getzler, Molod, Spitz & DeSantis, P.C., New York, NY (Hunter-Atlantic, Inc.)
Matthew Stein, Faust, Goetz, Schenker & Blee, L.L.P., New York, New York (Groundwater Specialists, Inc.)

On March 10, 2008, plaintiff Angel Perez, 36, a laborer, worked at a residential construction site that was located at 57 Reade St., in Manhattan. Perez and a co-worker were handling 20-foot-long pieces of steel reinforcement bar. Each bar would be fastened to the bucket of an excavating vehicle, and the vehicle’s operator would raise the bucket, position it above the casing that extended into the ground and lower the bar into the casing. Perez was situated alongside the casings, and his responsibility included removal of a concrete “fishplate” that was attached to the bottom of each bar. During one such instance, his right hand became caught between the fishplate and a casing. Three of the hand’s fingers were severed.

Perez sued the premises’ owner, 281 Broadway Holdings, LLC; the construction project’s general contractor, Hunter-Atlantic, Inc.; and the project’s managers, Pavarini McGovern, LLC and Site Safety, LLC. Perez alleged that the defendants violated the New York State Labor Law.

Hunter-Atlantic and 281 Broadway Holdings impleaded Perez’s employer, Groundwater Specialists Inc. Hunter-Atlantic and 281 Broadway Holdings sought indemnification.

Perez’s counsel ultimately discontinued the claim against Site Safety. The matter proceeded against the remaining defendants.

Perez claimed that the accident was a product of a bar slipping out of its strap and crushing his right hand. He contended that he adequately and properly strapped the bar to the excavator’s bucket, and he claimed that he could not explain why the bar slipped.

Perez’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Perez was not provided the proper, safe equipment that is a requirement of the statute.

During a deposition, Perez’s co-worker contended that Perez did not properly secure the bar that fell. Defense counsel also contended that Perez’s injury was a result of Perez’s handling of the sides of the fishplate, rather than simply using the object’s handle.

amputation, finger, crush injury; decreased range of motion; scar and/or disfigurement

Perez sustained crushing amputations of the third, fourth and fifth fingers of his right, dominant hand. He was transported to a hospital, and surgeons were able to re-attach the third and fourth fingers. The fifth finger was partially preserved.

Perez claimed that he suffers residual pain and a residual reduction of the
injured fingers’ mobility, sensitivity and strength. He contended that the injuries prevent his resumption of construction work. He also contended that much additional medical treatment is necessary.

Perez sought recovery of his past medical expenses, $649,552.60 for his future medical expenses, his past lost earnings, more than $2.3 million for his future lost earnings, and damages for his past and future pain and suffering.

Groundwater Specialists’ counsel noted that Perez is an undocumented alien. As such, he contended that Perez was only entitled to recovery of the wages that he could have earned in his native country. He also contended that Perez can obtain employment in and out of the construction field.