October 8, 2007
RAILINGS SEVERED BUT NOT REMOVED
Worker who fell two stories settles case for $1.4 million .
An unnamed construction worker with custody of three children and thousands of dollars in monthly medical expenses related to a worksite accident recently settled his workers’ compensation case in New Haven for $1.4 million.
The plaintiff is a former employee of the Hartford Community Construction Co. (HCCC) and worked as a laborer in 2003 in the demolition of a Hartford building. He settled the case on the eve of trial “against a large Connecticut contractor that was responsible for fall protection at the jobsite,” according to officials at Stratton Faxon in New Haven. The HCCC served as subcontractor on the job.
By agreement between the parties, names of the parties are being kept confidential.
The plaintiff’s crew was responsible for demolishing railings along the second and third floors of the building’s outside walkway. The process called for severing the rail joints, removing the rails and carrying them down to a dumpster. In this instance, several rails had been severed but not removed, giving the appearance that the rails were fixed in place, said the plaintiff’s attorney, Michael A. Stratton.
The plaintiff leaned against one of the severed rails, which gave way and caused him to plummet two stories to the ground. He suffered serious fractures to both ankles. The plaintiff has undergone four surgeries and rehabilitation to increase function in his feet and toes, Stratton stated, but he has since been unable to work or otherwise lead a normal life.
At issue was whether the plaintiff knew enough about the nature of the on-site work to also know that the railings were unsecured. Stratton said that, when considering a settlement, he “had to ensure that the client would have [medical bills] paid going forward,” which right now total $7,500 per month.
“The insurance company made the decision to settle based on risk assessment” of a potential trial, said defendant’s counsel, Richard A. Roberts of Nuzzo & Roberts in Cheshire, declining to name the insurance carrier.
Roberts stressed that his client refused to concede the allegation of there being no fall protection at the job site, which would be an Occupational Safety and Health Administration violation. Roberts also noted that the plaintiff originally demanded a $4 million settlement.
Stratton did not reveal what other dollar amounts were discussed during negotiations, but he said that the one-time session in front of mediator Gerry Cooper at the Quinnipiack Club in New Haven “was a good eight or nine hours of excruciating negotiations” and involved representatives of American International Group Inc. (AIG).
The Hartford Housing Authority formed the HCCC by recruiting local, low-income residents to assist in deconstruction projects, according to a March 2002 report from the Institute for Local Self-Reliance (ILSR) of Washington, D.C., and Minneapolis, Minn.
“I think [the contractor] certainly had folks on the job who were paid less than the highly experienced workers and that made them more susceptible to injury” because of their subsequent inexperience, Stratton offered.
That same ISLR report stated that the Hartford Housing Authority formed a joint-venture partnership for the HCCC project with Manafort Brothers Inc. of Plainville, a construction and demolition company.
Based on filings on the Judicial Branch web site, Stratton Faxon has been plaintiff’s counsel in Todd Ragland v. Carabetta Enterprises et al. in New Haven Superior Court since December 2003. Hartford Community Construction Co. is listed as an intervening plaintiff in the case. Stratton Faxon filed a withdrawal of the complaint on Sept. 24. Nuzzo & Roberts represented one of the defendants in that case, Manafort Brothers Inc.
