Guayara Luis P. vs. Davis John P. and Davis Eileen M.
Case Background
Luis P. Guayara filed a premises liability lawsuit after he fell approximately 18 feet from a ladder while working at a construction site. The lawsuit was filed in the New York Supreme Court,
County of Westchester. [Case number: 61185-19]
Cause
Defendant John P. Davis owned and managed the premises at 25 Croton-on-Hudson, New York. Defendant Eileen M. Davis similarly owned, operated, and maintained the property at 25 Franklin Avenue, Croton-on-Hudson, New York.
Both Honey Do Men Gutters, Inc. and Honey Do Men, LLC were subcontracted by the Davises to manage construction and maintenance work at the premises.
On March 30, 2017, and continuing thereafter, Defendant Honey Do Men, LLC acted as the general contractor and construction manager, overseeing subcontractors at the site. The company entered agreements with Tigers Handyman Service Inc. and defendants John P. Davis and Eileen M. Davis to perform various tasks, including construction, demolition, repair, alteration, and painting services.
Honey Do Men, LLC had control over the work of Tigers Handyman Service Inc. and Plaintiff Luis P. Guayara, who was employed by Tigers Handyman Service Inc. The Davises supervised and controlled the work of all subcontractors, including Honey Do Men Gutters, Inc., Honey Do Men, LLC, and Guayara.
A ladder was erected outside the structure, which posed a hazard. On March 30, 2017, at around 10:00 a.m., Guayara fell approximately 18 feet from the ladder, while working on a roof and gutter repair project, sustaining severe injuries.
Injury
As a result of the Defendants’ actions, Guayara suffered severe and permanent injuries. The fall caused a burst fracture and other serious spinal injuries, which required several surgeries, including cervical, thoracic, and lumbar fusion procedures. He required hospitalization and was incapacitated, unable to return to his usual activities.
Damages
Guayara incurred significant medical expenses and would face further financial burdens in the future. Due to these damages, Guayara sought compensation for the physical, emotional, and financial toll caused by the Defendants’ negligence.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Luis P. Guayara
- Counsel for Plaintiff(s): Daniel G. Ecker
- Defendant(s): Honey Do Men, LLC | Honey Do Men Gutters, Inc. | Tigers Handyman Service Inc. | John P. Davis | Eileen M. Davis
- Counsel for Defendant(s): Michael V. Caruso | Stephen J. Cassels
Claims
Plaintiff claimed that his injuries were caused solely by the Defendants’ negligence. The Defendants were required by law to provide a safe work environment and necessary safety equipment to prevent falls from height.
They failed to meet this obligation, leaving the premises in a hazardous condition. This included allowing a faulty, unsecured ladder to remain in place and failing to provide adequate safety gear. As a result, Guayara fell while working at the site.
The lawsuit claimed that Defendants violated New York State Labor Law Sections 200 and 240, as well as related safety regulations. Their failure to comply with these laws made them fully responsible for Guayara’s injuries. They were negligent in managing and maintaining the site, and they did not ensure a safe working environment or follow required safety codes.
Defense
The defendants, Honey Do Men Gutters, Inc. and Honey Do Men, LLC, denied the allegations in the plaintiff’s verified complaint and asserted affirmative defenses. Similarly, defendants John P. Davis and Eileen M. Davis denied the claims and filed a cross-claim for contribution against Honey Do Men Gutters, Inc. and Honey Do Men, LLC.
If the Plaintiff recovered against these Defendants, they sought an apportionment of responsibility for damages. They would also be entitled to recover their proportional share from the other parties involved.
Additionally, the defendants filed a cross-claim for common law indemnity. If the plaintiff wins, the defendants expect to be indemnified and recover the full judgment from Honey Do Men Gutters, Inc. and Honey Do Men, LLC.
The Defendants also filed a cross-claim for contractual indemnity. A contract was in place between the Defendants and Honey Do Men Gutters, Inc. at the time of the incident. This contract required Honey Do Men Gutters, Inc. to indemnify the defendants for any claims, losses, or damages. Since Honey Do Men Gutters, Inc. failed to defend or indemnify the defendants, they are obligated to cover the judgment or settlement costs.
Furthermore, the Defendants filed a cross-claim for breach of contract due to Honey Do Men Gutters, Inc.’s failure to purchase liability insurance as required by the contract. This breach has resulted in damages, including defense costs and attorney’s fees.
Finally, the Defendants filed a cross-claim for breach of contract related to Honey Do Men Gutters, Inc.’s failure to provide the necessary materials and perform the work in accordance with industry standards. This breach also makes Honey Do Men Gutters, Inc. liable for any resulting damages, including defense costs and attorney’s fees.
Jury Verdict
In 2025, a Westchester County jury found Honey Do Men Gutters, Inc. fully liable under New York Labor Law for failing to provide a safe work environment. Evidence at trial revealed that the company allowed dangerous conditions at the worksite and did not provide proper safety measures. This exposed Mr. Guayara to unreasonable risks while performing his job. The unsafe conditions, such as inadequate equipment and lack of gravity-related protections, directly led to the ladder fall that caused Mr. Guayara’s severe injuries.
During the damages phase, the jury awarded Mr. Guayara $12,170,294.11. The breakdown of the award was as follows:
- Past pain and suffering: $5 million
- Future pain and suffering: $5 million
- Past medical expenses: $472,242.01
- Future medical expenses: $1,495,000
- Past lost income: $203,052.10
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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