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A construction worker who suffered electrical discharge at a construction site was awarded $8.6 million in his NY Southern district suit, Daniel Rivera, Plaintiff, v. HOME DEPOT U.S.A. et al on April 11th, 2018.

Daniel Rivera, 37 years old at the time of the accident, was working on a construction site in Yonkers, New York on August 22nd, 2015. Mr. Rivera was climbing an unsecured metal ladder, the ladder shifted coming into contact with a live electrical wire, causing Daniel to endure grave injuries including immobile left arm, vision loss and significant pain to left side of his body.

An ambulance transported Mr. Rivera to nearby Saint Joseph’s Medical Center where he was treated for his injuries. Mr. Rivera was discharged from the hospital three days after the accident.

The Ginarte Law Firm attorneys; Steven Payne with the assistance of Joseph Carfora, Michael Edelman and Timothy Norton argued successfully that Bryan’s Home Improvement Corp, a subcontractor for the defendant Home Depot USA Inc., failed to introduce any evidence to contradict two expert witness reports, thus entitling Mr. Rivera to summary judgement as to economic damages.

Mr. Rivera’s employer, Bryan’s Home Improvement Corp., did not provide any precautions against electrical hazards such as but not limited to; posting and maintaining proper warning signs, or permitting an employee to work in proximity to any part of an electric power circuit unless the employee is protected by de-energizing the circuit and grounding it or by guarding such circuit by effective insulation or other means.

Daniel Rivera underwent numerous surgical procedures including; knee surgery, discectomy, Left L5-S1 foraminotomy, several epidural steroid injections in an effort to treat injuries obtained from electrical discharge.

On February 19, 2014 at approximately 7:30 a.m., the Plaintiff, Lourdes Faulkner-Marsilli, was walking on the sidewalk abutting a property owned by Defendant 466 JMJ, LLC c/o Sport Spot located at 466 Central Avenue at its intersection with South Clinton Street, in the City of East Orange, State of New Jersey when she slipped and fell due to extensive ice throughout the sidewalk abutting defendant 466 JMJ, LLC’s commercial property. Plaintiff slipped and fell due to extensive ice directly in front of defendant Papa DJ’s Pizza, LLC d/b/a Papa John’s Pizza who was a tenant of defendant 466 JMJ, LLC c/o Sport Spot.

There was no salt, sand or ice melt product on the sidewalk at the time of her fall. Mrs. Faulkner-Marsilli was walking on the sidewalk on her way to work when she slipped and fell due to extensive ice throughout the pavement in front of defendant’s commercial property.

The Plaintiff, Lourdes Faulkner-Marsilli, sustained an injury to her right ankle and leg necessitating open reduction internal fixation surgery resulting in significant and permanent scarring, loss of mobility and function. Mrs. Faulkner-Marsilli continues to have discomfort and limitations due to the incident on a daily basis.

As a result of the accident, plaintiff’s daily life activities have been substantially affected negatively. Mrs. Faulkner-Marsilli experiences daily pain, weakness and swelling to her right ankle and leg. She has trouble going up and down stairs and lacks strength and mobility in right ankle. She can no longer run or exercise as she used to. She is not able to crouch down. She is unable to perform basic household chores due to her injuries and has trouble sleeping. She also struggles with certain footwear due to injury and swelling. She is now limited to wearing orthopedic footwear. The weather also has adverse effects on her physical ailments. She is unable to stand or walk for extended periods of time due to her pain, numbness and daily swelling. Her ability to work which requires her to stand on her feet for extended periods of time has also been impacted negatively.

Rob Baumgarten, Esq. obtained a jury verdict for an award of $2.1 million in favor of the client.

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