Michelle Lippa Gartner, Public Administrator of the Estate of Abraham Turcios, Deceased v. Staller Associates, Inc., No.: 14392/04

$675,000.00

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

John F. Janowski, Chesney &Murphy L.L.P., Baldwin, NY
William Matlin, Hoffman & Roth, L.L.P., New York, NY

On April 24, 2003, plaintiff’s decedent Abraham Turcios, 49, a construction worker, worked at Synergy Fitness Center, in Fort Salonga. Turcios had climbed a secured ladder and was cutting in the area of a large air-conditioning unit. He became startled, and fearing that the unit would fall on him, he jumped backward. His hard hat fell off, he fell about eight feet, and landed on the floor. He sustained a blunt, fatal trauma of the head.

Public administrator Michelle Lippa Gartner, acting as administrator of Turcios’ estate, sued the premises’ owner, Staller Associates, Inc. The estate alleged that Staller Associates violated the labor law.

Staller Associates commenced a third-party indemnification suit against Turcios’ employer, Rittenhouse Landscaping Ltd.

The estate’s counsel claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Turcios was not provided the proper, safe equipment that is a requirement of the statute. He also claimed that the work site was not properly safeguarded and that, as such, it violated Labor Law § 241(6). He further claimed that the site violated Labor Law § 200’s general safety provisions.

Staller Associates’ counsel contended that Turcios ignored the proper safety procedures that were available at the job site.

Turcios sustained a blunt, fatal trauma of head. He died April 24, 2003, at age 49. He was survived by his wife and 13-year-old daughter, residents of Honduras.

Turcios’ job produced an hourly income of $10, but he did not receive any other benefits. Turcios’ estate sought recovery of wrongful-death damages that included damages for Turcios’ lost earnings and conscious pain and suffering.

Staller Associates’ counsel contended that Turcios’ immigration status precluded the estate’s recovery of lost earnings.

Turcios and Staller Associates’ insurer agreed to a $675,000 pretrial settlement. Staller Associates contemporaneously discontinued the third-party suit.