Christopher C. Bragoli, Esq., Bragoli & Associates, P.C., Melville, New York

Robert H. Doud, Abamont & Associates, Garden City, NY (Carol Mason, Daniel Mason)
Patricia A. O’Connor, Brody, O’Connor & O’Connor, Northport, NY (Vinylseal, Inc.)

On April 16, 2004, plaintiff Enrique Carrasco, 57, an installer of vinyl siding, worked at a residence that was located at 60 Perry Street, in Hempstead. Siding had to be applied to the building’s second floor, so Carrasco mounted a makeshift scaffold that comprised a plank that had been placed across two stepladders. During the course of Carrasco’s work, the scaffold collapsed. Carrasco fell to the ground and landed on his outstretched arms. He sustained wrist injuries.
Carrasco sued the home’s owners, Carol Mason and Daniel Mason, and the contactor that was installing the siding, Vinylseal, Inc. He alleged that the defendants violated the labor law.

Vinylseal commenced a third-party suit against Carrasco’s employer, Rigoberto Silva. Vinylseal alleged that Silva directed and controlled Carrasco’s work functions. It sought indemnification. However, the third-party suit was abandoned because Vinylseal’s attorney learned that Silva was not insured.

Plaintiff’s counsel claimed that the defendants should have provided an adequate, safe scaffold. He contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Carrasco was not provided the proper, safe equipment that is a requirement of the statute. He moved for partial summary judgment of liability.

The Mason’s counsel noted that Labor Law § 240(1) does not apply to owners of single- or two-family residences. Thus, the Masons were released from the suit.
Judge Thomas Phelan subsequently granted plaintiffs’ counsel summary judgment motion. The matter proceeded to damages.

fracture, wrist; internal fixation; open reduction

Carrasco sustained fractures to both of his wrists. He was placed in an ambulance and was transported to Nassau University Medical Center, in East Meadow. The fractures were repaired via open reduction and internal fixation. Carrasco subsequently underwent nearly one year of thrice-weekly rehabilitative therapy.

Carrasco claimed that his injuries produced a work absence that lasted about 18 months. He sought recovery of his past medical expenses, his past lost wages, and damages for his past and future pain and suffering.

Defense counsel contended that they produced a videotape that recorded Carrasco’s post-accident activities. They claimed that the activities included Carrasco’s installation of vinyl siding and that, as such, Carrasco was not disabled and not entitled to recovery of lost wages.