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Jury awards $12.2 million to injured construction worker in ladder fall case

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A construction worker who was permanently disabled after falling from a ladder at a job site in Westchester County in New York has been awarded more than $12.2 million by a jury, following a trial that found the defendant fully liable for failing to provide a safe work environment.

Luis Guayara suffered traumatic neck and back injuries when he fell approximately 18 feet while working on a roof and gutter project on March 30, 2017. Employed by subcontractor Tigers Handymen, Guayara was performing work at a site managed by Honey Do Men Gutters, Inc., the company named in the lawsuit.

The jury found Honey Do Men 100% liable under New York Labor Law for not ensuring proper safety protections were in place. According to evidence presented in court, the worksite lacked adequate fall-prevention equipment, and unsafe conditions contributed directly to the fall.

Guayara underwent multiple spinal surgeries following the incident, including cervical, thoracic, and lumbar fusions. He has been unable to return to work and is considered permanently disabled.

Despite the severity of the injuries, the defendant did not offer a settlement, prompting the case to proceed to trial. The jury awarded Guayara $12,170,294.11 in damages, including:

  • $5 million for past pain and suffering
  • $5 million for future pain and suffering
  • $472,242.01 for past medical expenses
  • $1,495,000 for future medical expenses
  • $203,052.10 for past lost income

“The jury rightly saw through the defendant’s attempts to deny liability,” said Daniel G. Ecker, a partner at Lever & Ecker, PLLC, the firm representing Guayara.

The case was filed in Westchester County under Index No. 61185/2019.

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