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A workplace safety expert helped seal the deal and clinch a $550,000 settlement in the case of a man who suffered a traumatic brain injury after falling 30 feet from a construction site.
Plaintiffs attorneys Jamie Sullivan and William Rivera conceded Monday that they would have had a much harder case against defendant Fortunato Construction Group Inc. if not for the testimony of expert Daniel Paine of Unionville.
"Daniel Paine would have testified in court that there were several violations of workplace safety rules and the defense knew that. Without him, we had a much harder case. He has a lot of experience in work safety issues," said Sullivan, a partner with Logan, Vance, Sullivan & Kores in West Hartford.
The construction company's initial offer was for $400,000, but both sides ended up agreeing on a $550,000 settlement.
Sullivan said both he and Rivera, owner of The Rivera Law Group in New Britain, faced pushback from the defense, which argued the plaintiff had some responsibility for his own fall.
Sullivan said he believes the defense agreed to the settlement, in part, due to the "catastrophic injuries of this young man, who was in otherwise very good health."
Waterbury resident Olvin Pineda suffered the injuries while working at a construction site at the campus of Rumsey Hall. a private school in Washington Depot, in October 2013.
Pineda was an employee of Alva Drywall, which had a contract with Fortunato Construction, the construction manager.
According to Sullivan and the April 2016 amended lawsuit, Pineda, now 34 years old, fell at least 30 feet from an upper floor to the basement. Sullivan said the incident occurred at 7 a.m. and there was very little lighting; no guard; and an opening in the floor.
"It was like an egg dropping and he crashed to the basement below," Sullivan said.
Sullivan said Pineda, who landed on his head and shoulders, suffered a traumatic brain injury in which he needed 40 stitches to his head. Pineda also has a scar that went from one end of his head to the other and suffered a lower left leg ankle injury for which he needs a cane to get around, Sullivan said.
Sullivan said his client today, more than seven years following the accident, "is totally disabled. He needs his cane to get around, his speech is slurred and his memory is impaired."
Representing the defense were Jeffrey Apuzzo and Gina Galullo, both with the law office of Jeffrey Paul Apuzzo in Farmington; Peter Barrett of Markey Barrett in Windsor; and John Pitblado of Carlton Fields in Hartford. None of the attorneys responded to a request for comment Monday.
In court pleadings, the defense said Pineda's injuries were caused, in part, due to his own negligence. The pleadings said Pineda "failed to wear required personal protective equipment" and "altered the state of his work area by removing certain fall protection [items] prior to the incident."
Robert Storace
Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.