Man Wins $350,000 in Unsafe Working Conditions Settlement

Man Wins $350,000 in Unsafe Working Conditions Settlement

A Concord man settled a lawsuit with his employer for $350,000 after falling eight feet and sustaining an injury at work.

Steven Mazowiecki fell on April 25, 2003 while he was dismantling shelves for UMC Moving Co. at a Cablevision facility in Nassau County.

Mazowiecki was standing on other shelves about eight feet above the ground to perform this job. Mazowiecki was not given a ladder or a scaffold to work on.

As the plaintiff worked, an improperly secured shelf brace gave under his weight, causing Mazowiecki to fall eight feet, according to Louis Grandelli, Mazowiecki’s lawyer. He broke his wrist in the fall.

He has undergone surgery twice, and was forced to miss work due to the injuries, according to court records.

Mazowiecki sued the property owner, Cablevision Systems Corporation and 60 Crossways LLC, in a St. George state Supreme Court, claiming that they failed to provide him with safe working conditions, and adequate safety devices.

Cablevision felt some of the blame was with UMC Moving, and brought that company in as a third-party defendant.

Mazowiecki sought a no-trial summary judgment based on the undisputed facts of the incident, while the defendant companies moved to have the case dismissed claiming that it was not covered by labor law, according to Mazowiecki.

The judge, Philip G. Minardo instead ruled that the issue – whether Mazowiecki was supplied appropriate safety devices – was triable. The trial was scheduled, but never commenced.

Both Mazowiecki and the defendants appealed, but according to Grandelli, the settlement was reached while those appeals were pending.

According to Grandelli, UMC Moving’s insurer paid the entire $350,000 in the settlement. The other defendants were immune under their contracts with UMC Moving.

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