Superior Court Jury Awards $181K to Worker Who Fell at Construction Site
The jury returned the six-figure verdict for Julio Gutierrez, who was injured at work in June 2014 when he fell on a job site belonging to Daniel Mosor. Attorney Deborah Jekot with Howard, Kohn, Sprague & FitzGerald represented the plaintiff.
September 25, 2019 at 02:07 PM
3 minute read
A Hartford Superior Court jury awarded $181,201 to a former contractor who fell off a metal staging platform on a house he was constructing in Glastonbury.
The jury returned the six-figure verdict for Julio Gutierrez, who was injured at work in June 2014.
Gutierrez was working on property belonging to Daniel Mosor when he fell off a platform attached to two ladders and leaning against the edge of a roof, according to the lawsuit filed in Hartford Superior Court.
The lawsuit said that one or both of the ladders shifted because the legs of the ladders were located on a soft, wet and muddy surface, causing the staging to become unstable.
Gutierrez, according to his attorney Deborah Jekot, fell about 20 feet to the ground, landing on the left side of his body. The Hartford resident dislocated his left shoulder, suffered a rotator cuff tear, and had a 6- to 8-inch gash near his right arm pit. He had two surgeries: one for the shoulder dislocation and one for the gash under his arm pit, according to Jekot, an associate with Hartford-based Howard, Kohn, Sprague & FitzGerald.
Initially, homeowner Mosor handled his defense pro se. But he lost an early round when the judge found he defaulted by not showing up for a scheduled deposition. A motion to set aside the default was denied. In effect, Jekot said, that default meant Mosor could not contest liability.
Mosor has since secured counsel, hiring Joseph LaBella of Jackson O'Keefe in Wethersfield.
LaBella, who declined to comment on the case Wednesday, has until Oct. 7 to challenge the verdict before the Connecticut Appellate Court. At trial, his client's pro se defense had included arguments that Gutierrez had not had permission to work on the job site on a rainy day.
But with the judgement against the defendant, the jury had only to decide whether Gutierrez was entitled to any money.
"We never got an opportunity to explore the issues Mr. Mosor raised because he was in default," Jekot said.
Jekot said Gutierrez, who testified for one hour during the one-day trial, spoke of how the injuries affected him.
"I think that helped sway the jury," his attorney said.
But Jekot said the defense "tried to say my client had a pre-existing shoulder dislocation and tear, but there was no evidence of that."
The jury returned its verdict in about an hour.
"I think the jury took all the evidence presented and came back with a fair and reasonable result based on that evidence presented," Jekot said.
Today, Jekot said, Gutierrez works in food preparation, and has incurred about $81,000 in medical expenses.
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