LANCASTER – A Lancaster couple allege that the husband-plaintiff’s job-related accident, which consisted of him being electrocuted by exposed wires at a local hotel, could have been prevented by the defendants taking proper precautions and warning him of the inherent dangerous condition.
Luis A. Cortes Jr. and Johanna L. Cortes of Lancaster first filed suit in the Lancaster County Court of Common Pleas on June 4 versus Robert M. Whiteford Jr., Inc. of Red Lion, Wickersham Construction and Engineering, Inc., Wonderland Realty, LLC, Wonderland Amusement Management, LLC and Palace Entertainment of Lancaster, Trago Mechanical of Conestoga and D.M. Hartman Electrical, LLC, of York.
“On Aug. 4, 2019, plaintiff Luis Cortes was an employee of Darnell Security where he was responsible for installing fire, security and camera systems. Yarnell Security was contracted by the defendants to provide services at the Cartoon Network Hotel, located at 2285 Lincoln Highway East, Lancaster, PA 17602, which, at the time of the accident that is the subject of this complaint was still under renovation/construction,” the suit says.
“At approximately 7:45 a.m., plaintiff Luis Cortes was on a 10’ A-frame ladder pulling wire in the east end of the main hall on the first floor of the Cartoon Network Hotel. As part of his assigned work task, he was installing a fire alarm system. While feeding the wire through an existing hole into the mechanical room, he came into contact with exposed and energized wires, and was electrocuted and was violently thrown from the 7th rung of the ladder onto the concrete door.”
As part of a subsequent health and safety incident report, Yarnell Security detailed the accident, along with photographs of the exposed wires and active breaker. The wires were secured and the active breaker was locked out.
The suit says that the defendants had a duty to warn Cortes of the danger, and negligently failed to do so.
“As a direct result of defendants’ acts/omissions, plaintiff Luis Cortes suffered serious and permanent bodily injuries, including but not limited to, burns to his right hand and fingers, concussion, low back pain with sciatica, nerve damage and loss of sensation, which resulted in substantial medical care and treatment and lost time from work,” according to the suit.
“Defendants had a duty to exercise reasonable care to protect plaintiff Luis Cortes, from bodily harm by inspecting, maintaining, investigating and securing the aforementioned live and exposed electrical wires or by other affirmative acts, such as warning plaintiff Luis Cortes of the existence of the aforesaid dangerous condition.”
For multiple counts of negligence, recklessness and loss of consortium, the plaintiffs are seeking compensatory and punitive damages in excess of $50,000, plus interest, costs of suit and delay damages.
The plaintiffs are represented by Thomas J. Sabatino of Georgelis Injury Law Firm, in Lancaster.
The defendants have not yet secured legal counsel.
Lancaster County Court of Common Pleas case CI-21-03600
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com