New York Verdicts

Plaintiff(s):

Elio Guaraca (Male, 29 Years)

Plaintiff Attorney(s):

Michael S. Lamonsoff;
The Law Offices of Michael S. Lamonsoff, PLLC;
New York,
NY,
for
Elio Guaraca ■ Joseph E. Gorczyca;
The Law Offices of Michael S. Lamonsoff, PLLC;
New York,
NY,
for
Elio Guaraca

Defendant(s):

M.L.C. Black Rock Management Corp.

Defense Attorney(s):

Robert M. Leff;
Traub Lieberman Straus & Shrewsberry LLP;
Hawthorne,
NY,
for
M.L.C. Black Rock Management Corp. ■ Evan Rudnicki;
Traub Lieberman Straus & Shrewsberry LLP;
Hawthorne,
NY,
for
M.L.C. Black Rock Management Corp.

Insurer(s):

RSUI Group Inc.

On June 18, 2013, plaintiff Elio Guaraca, 29, a laborer, worked at a renovation site that was located at 2339 Blackrock Ave., in the Unionport section of the Bronx. While he was working on a building’s roof, Guaraca fell through a hole that was intended to house a skylight. He plummeted some 20 feet, and he landed on a floor. He claimed that he sustained injuries of his back, an elbow, his face, a knee, his nose, several teeth and a wrist. Guaraca sued the premises’ owner, M.L.C. Black Rock Management Corp. Guaraca alleged that M.L.C. Black Rock Management violated the New York State Labor Law. Guaraca claimed that the incident occurred while he was installing insulation on the outer surface of the roof. He claimed that the defendant had not erected a net or provided any equipment that could have prevented his fall or his injuries. He also claimed that the skylight’s opening should have been barricaded. Guaraca’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Guaraca was not provided the proper, safe equipment that is a requirement of the statute. Guaraca’s counsel also contended that the defendant failed to provide or ensure reasonable and adequate protection, as required by Labor Law § 241(6). They further contended that the defendant violated Labor Law § 200, which defines general workplace-safety requirements. Workers’ Compensation Law § 11 specifies that an injured employee cannot sue an employer who has secured the availability of workers’ compensation benefits. Defense counsel noted that M.L.C. Black Rock Management co-owner James Maris is the sole owner of Guaraca’s employer. They contended that Guaraca was, therefore, an employee of M.L.C. Black Rock Management, that workers’ compensation benefits were available to Guaraca and that, as such, Guaraca could not legally sue M.L.C. Black Rock Management. Defense counsel also contended that Guaraca had been instructed to remove debris from the roof, rather than the activity during which he was injured, that M.L.C. Black Rock Management was not responsible for the direction or supervision of Guaraca’s work, and that rope and a safety harness were available at the work site. However, Guaraca’s counsel claimed that Maris was on the roof when the accident occurred and that Maris should have instructed Guaraca to utilize any safety devices that may have been available.

Guaraca was placed in an ambulance, and he was transported to Jacobi Medical Center, in the Bronx. Doctors determined that he was suffering a fracture of a zygomatic arch, which is the prominence of the cheek; a fracture of his nose; a fracture of the distal region of his left arm’s radius, which is a component of the wrist; a fracture of his right elbow’s olecranon, which is the elbow’s bony protuberance; and avulsions of teeth. Guaraca claimed that he also sustained a tear of his left knee’s medial collateral ligament, a tear of the same knee’s meniscus, herniations of intervertebral discs of his spine’s lumbar region and a fracture of his L4 vertebra’s pars interarticularis. He also claimed that he developed residual dysfunction of his jaw’s temporomandibular joint. Guaraca underwent open reduction and internal fixation of his fractured cheek, his left wrist and his right elbow. His hospitalization lasted about two weeks, and he subsequently underwent about 18 months of physical therapy. He also underwent oral surgery and other dental treatment. His left knee’s injuries were addressed via administration of painkilling injections. Guaraca claimed that he suffers residual pain and limitations that prevent his resumption of work. He also claimed that he previously enjoyed playing soccer, but that his residual effects prevent his resumption of that activity. He is scheduled to undergo surgery that will include a laminectomy–which will involve excision of a portion of his L4 vertebra–and fusion of his spine’s L4-5 level. He sought recovery of damages for past and future pain and suffering.

Each side moved for summary judgment of liability. During pendency of the motions, the parties negotiated a settlement. The defendant’s insurer tendered its policy, which provided $1 million of coverage.

This report is based on information that was provided by plaintiff’s and defense counsel. Additional information was gleaned from court documents.