Laborer Electrocuted When Crane Struck Power Line
On Sept. 9, 1999, claimant’s decedent Joseph Gilio, 29, a laborer, worked at a state-commissioned work project that was located near Front Street, in Hempstead. Gilio was helping co-workers who were guiding a large metal panel into a trench that had been created to hold concrete sewer basins. The trenches’ walls needed to be supported by some type of sheeting, to prevent dirt from falling back into the trenches. The sheeting’s size dictated that it had to be lifted and guided into the hole by a crane. Gilio was holding and guiding a panel that was being lifted by a crane. The crane touched an overhead high-voltage electric line, and Gilio was electrocuted.Gilio’s widow, Charlene Gilio, acting as administratrix of her husband’s estate, sued the state of New York. The estate alleged that the state violated the labor law.The estate’s counsel claimed that the project’s managers should not have allowed work to be performed beneath high-voltage power lines. He also claimed that the crane’s operator and its spotter–who was signaling the operator–were negligent in their failure to avoid the power line. He contended that the work site was not properly safeguarded and that, as such, it violated Labor Law § 241(6). He also contended that the site violated the general safety standards established by Labor Law § 200.
Defense counsel contended that the crane’s operator, who was employed by the same subcontractor that employed Gilio, was responsible for the accident.
Gilio suffered electrocution. A co-worker contended that about 20 seconds elapsed before Gilio was knocked off of the metal sheet and onto the ground. Another co-worker contended that Gilio yelled for about another minute before eventually dying. Gilio died Sept. 9, 1999, at age 29. He was survived by his wife and a son who was born in early 2000.
Gilio’s son was born with Wiskott-Aldrich disease, an immune-deficiency disease, but the child’s physician testified that newly available treatments could extend the child’s life expectancy to age 40 or beyond.
Gilio’s widow testified that Gilio used to perform extensive repair work around the home and that he landscaped the property’s grounds.
Gilio’s estate sought recovery of wrongful-death damages that included Gilio’s past and future loss of earnings, benefits and retirement income; Gilio’s son’s past and future loss of parental guidance; the estate’s loss of household services; and damages for about 90 seconds of conscious pain and suffering experienced by Gilio.
Defense counsel disputed the amount that the estate sought for lost wages and loss of household services. The defense’s medical expert also opined that the likelihood of a patient similar to Gilio’s child reaching the age of 20 is less than 10%. Defense counsel claimed that, based on the child’s limited mental and physical abilities, he is not entitled to any damages for loss of parental guidance.
Judge Alton Waldon Jr. found that the state had final supervision and control of the job site and the work performed. He determined that the estate’s damages totaled $6,468,507.