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.