Suit: Companies investigated for safety violations failed to prevent contractor’s 30-foot fall
This article appeared in the Pennsylvania Record on October 15, 2023, written by Nicholas Malfitano. Click here to read it on the Legal Newsline site.
PHILADELPHIA – A Philadelphia man was severely injured on a construction in Coatesville, new litigation says, because the companies failed to provide adequate fall protection for him and other contractors, despite being the target of federal investigations on that very point.
Olvin Guerra De Leon and Hilda Hernandes of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Sept. 28 versus Schweiger, Inc. of Conowingo, Md., Soft Contractor Corp. of New Brunswick, N.J., Ryan Homes of Pittsburgh, NVR, Inc. of Reston, Va., Mirayda Morales Alicea of Bensalem and ABC Contractors 1-5.
“On April 12, 2023, plaintiff Olvin Guerra De Leon, was working as a laborer at the construction project [in Coatesville] and was working at heights alongside others to construct the construction project. As plaintiff, De Leon was performing construction activities in his capacity as a laborer, he was working at heights on walking/working surfaces with unprotected leading edges,” the suit says.
“While performing his work duties, plaintiff De Leon, fell approximately 30 feet and crashed violently to the ground. At the time of his fall, plaintiff De Leon was working at heights without proper fall prevention/protection measures in place.”
The suit adds “all defendants knew that plaintiff and others were working at heights without proper fall prevention/protection measures in place and defendants permitted the work to be performed at heights without fall prevention/protection, despite the known, high-degree risk of falls resulting in catastrophic injury and/or death.”
“Plaintiff sustained severe, life-threating injuries including obvious deformities to his head and face, as a result of falling approximately 30 feet to the ground. However, the defendants did not call 911 to summon emergency medical services for the critically-injured plaintiff. The defendants did not call 911 in an attempt to avoid triggering an OSHA investigation into plaintiff’s unprotected fall from heights. Instead, defendant Alicea, loaded plaintiff into the work vehicle and drove him approximately 50 miles to Einstein Medical Center in North Philadelphia and during said 50-mile journey, the plaintiff’s medical condition, including severe bleeding on the brain, substantially worsened,” the suit states.
“Upon reaching Einstein Medical Center, defendant Alicea dumped the plaintiff at the entranceway and left. As a direct and proximate result of defendants’ carelessness, negligence and recklessness, plaintiff De Leon suffered severe and debilitating injuries including: Intracranial epidural hemorrhage requiring complex craniectomy surgery to evacuate the bleeding and allow the brain to swell; medically induced coma for 21 days; 30-day in-patient hospitalization; multiple maxillofacial fractures; multiple orbital fractures; multiple lacerations; post-traumatic stress; loss of independence; mental and emotional pain and suffering; chronic physical pain; suffering and loss of life’s pleasures, past, present and future; hospital, medical and rehabilitation expenses past, present and future, including medical equipment, supplies and other medical care and treatment to pay for the treatment of the severe injuries; and other psychological, psychiatric, orthopedic and neurological injuries, the full extent of which is yet to be determined, and some or all of which may be permanent in nature.”
The suit goes on to say, “Prior to plaintiff’s fall from heights, the defendants knew that the area where plaintiff and others were working at heights was dangerous, presented a fall hazard, and required appropriate fall prevention and/or fall protection, yet none was provided” – and that two of the defendants were the target of open investigations by the U.S. Department of Labor and the Occupational Safety and Health Administration, on the subject of same.
For multiple counts of negligence and loss of consortium, the plaintiff is seeking damages, jointly and severally, in excess of the jurisdictional amount requiring submission to arbitration, upon causes of action.
The plaintiff is represented by Kevin M. Durkan of Fritz & Bianculli, in Philadelphia.
The defendants have not yet retained legal counsel.
Philadelphia County Court of Common Pleas case 230702723
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com