Trial News

Julio Aguaiza, 43, was painting the interior of a residential apartment building. While he was standing on a wheeled scaffold painting a ceiling, the scaffold shifted beneath him, causing him to fall to the cement floor six feet below. Aguaiza suffered a concussion, a fractured left shoulder, a torn rotator cuff, thoracic fractures, and herniated cervical disks. He underwent shoulder and spinal surgery and required epidural injections. He now suffers from chronic pain and mobility issues and is unable to work. His medical expenses totaled more than $85,500.

Aguaiza sued the building owner, alleging failure to provide a safe workplace, protection from an elevation-related hazard, and safe equipment, in violation of N.Y. Labor Law §240(1) and (6). The plaintiff claimed that the scaffold was unsafe because it lacked railings and because its wheel-locking mechanism failed.

The plaintiff did not claim lost earnings.

The trial court granted the plaintiff’s summary judgment motion, ruling that the defendant had violated the scaffold law.

The jury awarded approximately $3.58 million.

Citation: Aguaiza v. Manhattanview Terrace, Inc., No. 21054/15 (N.Y. Sup. Ct. Bronx Cnty. Jan. 24, 2019).

Plaintiff counsel: Stephen Jacobson, New York City.

Plaintiff experts: Eial Faierman, orthopedic surgery, Bronx, N.Y.; and Suzanne Reid, life care planning, Syracuse, N.Y.

Defense experts: Ronald Mann, orthopedic surgery, Yorktown Heights, N.Y.; and Michael Carciente, neurology, Brooklyn, N.Y.