Two men have been convicted of criminal charges stemming from a fatal February 2009 Staten Island construction accident. According to a recent article in the NY Daily News, the accident occurred on Bay Street in Rosebank, NY when a concrete façade collapsed in a gust of wind and crushed 59-year-old Robert McGee. The men charged are employees of Well Build Development Corp of Staten Island and Woodrow Builders LLC of Short Hills, NJ. McGee was a construction foreman from Bohemia, Long Island, and his family has a lawsuit against the companies pending in the state Supreme Court in Suffolk County.
It was determined that the 100-foot-long, 60-foot-tall wall was built too long and without the proper supports. Workers saw the wall swaying in the wind days before the accident occurred, and an associate of McGee called and warned him of the possible danger, according to allegations. The men charged were subcontractor Anthony Malfi of Well Build Development Corp and general contractor Michael Fazio of Woodrow Builders LLC. Allegedly, Malfi s highly-regarded contracting company built the wall but left the job after a dispute about payment with Fazio s company.
Fazio was charged with the felony of criminally negligent homicide, while Malfi faced the misdemeanor of second-degree reckless endangerment. Well Build Development Corp and Woodrow Builders LLC were also charged with criminally negligent homicide. Both men and their companies pleaded guilty to the charges. Fazio and Malfi were sentenced to a one-year conditional discharge and 100 hours of community service, and Fazio had to give up his contracting license. The two companies paid the maximum fine of $10,000 each.
Due to the use of heavy machinery, the handling of hazardous materials, and the nature of the industry, construction sites are inherently dangerous both for crews and bystanders. Victims of construction accidents may be eligible to receive compensation for medical bills, lost wages, and pain and suffering. If you or a loved one has been involved in a significant construction accident, contact an experienced New York construction accident attorney at Block O’Toole & Murphy to see if you might be eligible to pursue legal recourse.