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The plaintiff, John Gallagher (“Gallagher”), an employee of Hellman Electric Corporation, commenced an action against the City of New York (“the City”) and China Construction America, Inc. (“CCA”), a subsidiary of China State Construction Engineering Corp. Ltd. . on October 3rd, 2018.
The plaintiff alleges that the City and CCA both own the Gerritsen Inlet Bridge (“a part of the arterial highway known as the Belt Parkway, in the County of Kings, City and State of New York”) with all the duties of care owed by an owner/occupier; CCA having been hired as a general contractor by the City for the reconstruction as part of the $700 million Shore (Belt) Parkway Rehabilitation Program. The plaintiff contends that his employer, Hellman Electric Corporation was hired as an independent subcontractor, pursuant to an agreement with the the City and CCA to perform “work, labor and services” on the Gerritsen Inlet Bridge. As an employee of Hellman Electric Corporation, the plaintiff claims that, “while acting in the course of his employment and in the performance of his duties at the aforesaid location, he was caused to fall into a trench, due to a defective condition, thereby sustaining serious, severe and permanent personal injuries due to the carelessness, negligence and recklessness of the Defendants…” Accordingly, he maintains that the City of New York and China Construction America, Inc. in failing to perform their duties, violated provisions of the New York State Labor Law of the State of New York, including §200, §240 and §241 including but not limited to §241(6).
Written by Antoinette Adesanya
