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PENNSYLVANIA RECORD

Wednesday, September 18, 2024

Construction Companies Accused of Negligence Leading to Fatal Fall

State Court
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A tragic incident at a construction site has led to a lawsuit that could reshape safety protocols in the industry. On October 17, 2023, Joseph H. Gazzo Jr., representing the estate of his deceased son, Joseph T. Gazzo, filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania against Phoenix Roofing, Inc., Grahamboys Limited Liability Company (doing business as Graham Construction), First American Industries, Inc., and Eckles Construction Services, Inc.

The complaint alleges that on July 13, 2023, Joseph T. Gazzo was working on the roof of an auxiliary gym undergoing renovation at Pine Richland High School when he fell through an uncovered hole in the roof. The fall resulted in catastrophic injuries that led to his death. According to the filing, "the hole through which Gazzo fell was created, installed, inspected, and maintained by one or more of the Defendants." The plaintiff argues that this negligence violated numerous safety regulations including OSHA standards OSHA 1926.760(a)(1) and 1926.501(b)(4)(i).

Joseph H. Gazzo Jr.'s complaint paints a harrowing picture of what happened on that fateful day. At approximately 8:28 a.m., while cutting a section of metal roofing three stories above ground level, Joseph T. Gazzo fell through an open hole and landed violently on concrete and rebar below. The lawsuit claims that video footage captured from inside the gym shows Joseph writhing in pain after his fall. "Defendants failed to provide Gazzo with any personal fall-arrest system," reads one part of the document.

The plaintiff asserts that all defendants had control over safety measures at the project site but failed to implement adequate fall protection systems such as guardrails or safety nets despite knowing about the hazards involved in such work environments. This failure is alleged to have directly caused Joseph T. Gazzo's fatal injuries.

In addition to seeking compensatory damages for medical expenses, funeral costs, and loss of earnings due to wrongful death under Pennsylvania law (42 Pa.C.S.A §8301), Joseph H. Gazzo Jr.'s legal team is also pursuing punitive damages against all four defendants for their alleged gross negligence and reckless disregard for worker safety.

Represented by attorneys Patrick Booth (PA Bar #202200), Justin Joseph (PA Bar #311145), Eric Chaffin (PA Bar #78725), and A.J Patterson (PA Bar #331944) from Chaffin Luhana LLP based in Pittsburgh; this case will be closely watched not only by those affected but also by stakeholders across various industries concerned with workplace safety standards.

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