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Construction site managers charged with manslaughter after accident

Two Manhattan construction site managers have recently been charged with manslaughter after a pit collapse left one man dead April 6. The prosecutors alleged that the construction site conditions were dangerous and that the managers had prior knowledge of the risk of a pit collapse. Regulations require that excavation areas deeper than five feet be reinforced to prevent a collapse from occurring. The pit that 22-year-old Carlos Moncayo perished in was 14 feet in depth and was not shored up to protect workers from the excavation caving in.

Wilmer Cueva and Alfonso Prestia, construction managers on the site, were working the site that day. Both managers ignored the advice of a private investigator the morning of the accident who was informing the construction companies of the pit violation.

Cueva and Prestia were charged with second-degree manslaughter, criminally negligent homicide, and reckless endangerment. The victim’s death was declared “foreseeable and avoidable” by the Manhattan district attorney’s office.

The frequency of construction injuries and deaths are increasing in New York. Due to this, Manhattan District Attorney Cyrus R. Vance Jr. announced an initiation to help identify and seek justice against corrupt and fraudulent construction businesses.

If you or someone you know was injured in a construction accident due to the negligent or unsafe practices of a construction company, contact the New York City construction accident attorneys at Hach & Rose, LLP. Our aggressive and experienced team can answer your questions if you call 866-LAWS-USA today.


Zone of Danger rule extends compensation to family members

In New York, the Zone of Danger rule is enforced to provide legal recourse for immediate family members who witnessed a parent, spouse, sibling, or child’s injury or death in an accident. According to the rule, the witness does not have to have received injury in the accident; however, he or she must prove three things:

1. Physical or emotional trauma was inflicted on the witness
2. The witness was aware of the injury or death of his or her family member as it happened
3. The witness is an immediate family member, a father, mother, son, daughter, sister, or brother, of the injured or deceased individual

Attorneys at Hach & Rose, LLP, know how devastating an injurious or fatal accident can be – especially for the surviving loved ones. Call us at 866-LAWS-USA to find out more about Zone of Danger litigation and discuss your options with an experienced attorney.


Worker killed after falling from the 6th floor of a construction site

A construction worker doing cement work at a Brooklyn work site plummeted from a sixth floor window, resulting in his immediate death, The New York Post reported.

The tragic incident, which happened on April 1 before 11:30 a.m. at a construction site on 360 Neptune Ave in Brighton Beach, claimed the life of an unnamed worker who was believed to be in his 60’s. Authorities said the fatal fall was most likely an accident. The work site’s contractor, Neptune Group LLC, was cited by the Department of Buildings (DOB) last month for not keeping the work site safe.

The DOB and Office of Emergency Management are currently investigating the fatal construction accident.

The incident is among a series of fatal accidents that occurred in New York this year. Last month, a pedestrian was killed after being struck by a flying board from a condo construction site in the West Village. In February, a construction worker was crushed by massive joists while unloading them at the Barclay’s Center.


Flying board from construction site killed pedestrian

A real estate agent and soon-to-be-married woman was killed in a freak accident that happened in a luxury condo construction site in the West Village after being hit by a large piece of ply wood torn by wind from the site’s street-level fence, according to a report by The New York Post.

At around 6 p.m. on March 17, 37-year-old Tina Nguyen was talking on a mobile phone while walking down West 12th Street when she was hit by a 4-by-8-foot board that was ripped off a fence by high winds from a construction site across the street. Authorities said her body was thrust against a building wall, while her head was smashed against a FDNY stand pipe. She was rushed to Bellevue Hospital with severe body and head trauma but was pronounced dead shortly after.

The Department of Buildings (DOB) immediately issued a stop-work order, and initiated an investigation to see if the construction firm operating at the site had violated any safety regulation that could have triggered the accident.


Construction worker crushed by massive joists

An iron worker was pronounced dead on the scene after being crushed by massive beams while working on the steel framework of the Barclay’s Center on Tuesday, February 24, according to a report by The New York Times.

Peter Zepf was unloading steel joists from a truck  when several massive metal beams fell, crushing him to death. The accident happened at around 1 p.m. near the arena’s Atlantic Avenue side. Zepf’s colleague said the beams were improperly loaded.

No violations have yet been cited against the contractor, as the New York Police Department and the Department of Buildings are still investigating the fatal incident.

All of us at Hach & Rose, LLP send out deepest condolences to family and friends affected by their recent and unexpected loss.


Upstate construction accident results in one death and two injuries

On Monday, December 2, one laborer died and two were severely injured after a retaining wall collapsed at a Maybrook, New York construction site.

After the retaining wall collapsed on the worker, it took medical responders hours to extract the victim’s body from the debris.

One of the surviving workers was airlifted to Westchester Medical Center with multiple injuries, while the other injured victim was taken to the Orange Regional Medical Center via ambulance.

According to the New York City Department of Environmental Protection, the site was being used to simulate the Catskill Aqueduct, which transports drinking water south to New York City.

The attorneys of Hach & Rose, LLP, extend our thoughts to those affected by this unfortunate accident.


Man dies at Santa Clara’s 49ers stadium construction site

60-year-old Vacaville, California resident and delivery truck driver Edward Lake II died Monday, October 14 while working at the construction site of the new $1.2-billion San Francisco 49ers stadium in Santa Clara.

Lake was crushed while unloading steel rebar at the site. He was rushed to a nearby hospital and died there shortly after 6:30 a.m.

The construction site was closed for the day, and workers returned on Tuesday.

Workers were offered counseling and encouraged to attend safety meetings to prevent future accidents causing head and brain injuries.

This was the New York-based Turner Construction Co. and Milpitas-based Devon Construction Inc. project’s second work-related fatality since 63-year-old Donald White died after getting hit by an elevator counterweight while climbing on a ladder at the bottom of a shaft on June 11.


Cornwall construction worker dies in work-related accident

An older resident of Mountainville, Cornwall, who worked for the New York Office of Parks, Recreation and Historic Preservation for two decades, died on Wednesday morning, August 7 in what was described as a “work-related” accident. Sixty-one-year-old Lance Gayton was discovered by his fellow employee at the Youmans Flats garbage transfer station at Harriman State Park.

According to the other worker, Gayton had been involved in a “work-related” accident using a “piece of heavy construction equipment.” He said he then called emergency medical personnel for help. The New York State Park Police and State Parks lifeguards responded to the accident until an ambulance came to carry Gayton off to the Good Samaritan Hospital in Suffern, where he was declared dead at around 11:18 a.m.

The state’s Public Employee Health Safety Bureau officials are investigating the incident.

Gayton was survived by his wife, Linda, and his children, Jennifer and Jason.


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