PHILADELPHIA – A laborer working on a construction project in New Jersey who suffered a fall which fractured his spine in multiple places, alleges that negligence from the contractor on the project was the proximate cause of his injuries.
Geferson Soares Da Silva of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Jan. 8 versus Toll Brothers, Inc. of Horsham and ABC Contractors 1-5.
According to the plaintiff, the subject events took place during the construction of a housing development known as “Regent Oaks at Freehold” located in Freehold, N.J. – and that his employer, Road Contractor Corp, who is not a party to the suit, “had already been issued numerous citations by the United States Department of Labor and Occupational Health and Safety Administration, for violations of OSHA regulations concerning fall prevention/protection.”
Furthermore, the plaintiff says at the time of the subject accident, defendant Toll Brothers, Inc. “had already been issued numerous citations for violations of OSHA regulations concerning fall prevention/protection including a Jan. 28, 2020 citation at a construction project in Media, Pennsylvania, because Toll Brothers, Inc. did not ensure that its framing subcontractor possessed the required understanding or skill for using fall protection systems and framing subcontractor’s employees were exposed to unprotected falls from heights while conducting framing activities.”
“On Sept. 22, 2023, plaintiff Geferson Soares Da Silva, was working as a laborer at the construction project and was working at heights alongside others to frame the construction project. As plaintiff Geferson Soares Da Silva, was performing construction activities in his capacity as a laborer, he was working at heights on walking/working surfaces with unprotected leading edges,” the suit states.
“While performing his work duties, plaintiff Geferson Soares Da Silva, fell approximately 10-15 feet and crashed violently to the ground. At the time of his fall, plaintiff Geferson Soares Da Silva, was working at heights without proper fall prevention/protection measures in place.”
The suit continues that, according to the plaintiff, “All defendants knew that plaintiff and others were working at heights without proper fall prevention/protection measures in place and defendants permitted the work to be performed at heights without fall prevention/protection despite the known high-degree risk of falls resulting in catastrophic injury and/or death.”
“As a direct and proximate result of defendants’ carelessness, negligence and recklessness, plaintiff Geferson Soares Da Silva, suffered severe and debilitating injuries, including: C-6 cervical fracture; C-7 cervical fracture; closed fracture of the spinous process of cervical vertebrae; closed fracture of the transverse process of cervical fracture; syringomyelia and syringobulbia; subdural hematoma; epidural hematoma; concussion; head and face lacerations closed with staples and stitches; loss of independence; mental and emotional pain and suffering; chronic physical pain; suffering and loss of life’s pleasures, past, present and future; hospital, medical and rehabilitation expenses past, present and future, including medical equipment, supplies and other medical care and treatment to pay for the treatment of the severe injuries; and other orthopedic and neurological injuries, the full extent of which is yet to be determined, and some or all of which may be permanent in nature,” the suit says.
“Prior to plaintiff’s fall from heights, the defendants knew that the area where plaintiff and others were working at heights was dangerous, presented a fall hazard, and required appropriate fall prevention and/or fall protection, yet none was provided. Defendants’ joint and several carelessness, negligence and recklessness increased the risk of harm and/or was a factual cause and/or was a substantial factor in causing plaintiff’s injuries.”
For two counts of negligence, the plaintiff is seeking, jointly and severally, compensatory and punitive damages in amounts in excess of the jurisdictional amount requiring submission to arbitration, plus interest, costs and delay damages, pursuant to Pennsylvania Rule of Civil Procedure 238, and brings this action to recover same.
The plaintiff is represented by Kevin M. Durkan and Brian E. Fritz of Fritz & Bianculli, in Philadelphia.
The defendants have not yet obtained legal counsel.
Philadelphia County Court of Common Pleas case 240100847
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com