Poveromo v. KBE Building Corporation et al.

Case Background

On November 21, 2017, Austin D. Poveromo filed a premises liability lawsuit against his employers alleging negligence and carelessness in the storage of construction material. The case was filed in Connecticut Superior Court, Waterbury JD. Judges Andrew Roraback, John Cordani, Robert D. Andrea, Salvatore Agati, and W. Pierson presided over this case. [Case number: UWY-CV17-6037208-S]

Cause

Defendant KBE Building Corporation (referred to as “KBE”) was a Connecticut corporation authorized to operate under the state’s laws. KBE specialized in building construction and served as the general contractor for a project at 4200 Park Avenue, Bridgeport, Connecticut 06604 (referred to as “the Premises”). The Jewish Home for the Elderly of Fairfield County, Inc., also known as Jewish Senior Services, owned the Premises. The Jewish Home for the Elderly controlled the construction and the materials used, including sheetrock and drywall.

KBE had a responsibility to maintain the construction site and ensure that the materials, such as sheetrock and drywall, were stored safely. This duty was crucial for the safety of individuals working on the site, including the Plaintiff, Austin D. Poveromo. At the time, Poveromo was employed by KBE, C. & H. Electric, Inc. (referred to as “C. & H”), GDS Contracting Corp. (referred to as “GDS”), and/or Jewish Home for the Elderly, performing electrical work on the construction site.

On October 28, 2015, around 10:30 a.m., while Poveromo was working on the Premises, he observed several panels of sheetrock and drywall stacked vertically against a wall. Due to unsafe and defective storage conditions, the stack fell and struck his lower left extremity. This incident resulted in serious, permanent, and disabling injuries to Poveromo.

Injury

Due to KBE’s negligence, the Plaintiff, Austin D. Poveromo, suffered serious and painful injuries, some of which were permanent. Specifically, he endured trauma to the muscles, bones, ligaments, tendons, nerves, and anatomical structures of his left lower extremity and leg. Additionally, he experienced acute compartment syndrome in his left leg, a lateral collateral ligament tear, and a biceps femoris tear.

Poveromo also faced multiple ligament injuries in his left lower extremity, varus and posterior instability, and an injury to the posterior cruciate ligament. Moreover, he sustained a posterolateral corner injury, a sprain of the lateral collateral ligament in his left knee, and a sprain of the posterior cruciate ligament. He also suffered a complex tear of the medial meniscus.

As a result of these injuries, Poveromo experienced permanent partial disability in his left lower extremity, knee, foot, and ankle. He also had permanent scarring on his left lower extremity and leg. Alongside these physical injuries, Poveromo endured chronic pain syndrome, emotional shock, trauma, anxiety, and significant pain and suffering.

Damages

Due to KBE’s negligence, the Plaintiff, Austin D. Poveromo, faced substantial costs for hospital care, medical treatments, x-rays, MRI scans, diagnostic tests, physical therapy, and prescription medications. Additionally, he would need to spend further money on ongoing medical care and treatment in the future.

Moreover, Poveromo lost wages from his job as a direct consequence of KBE’s negligence. His ability to earn wages in the future has also been permanently reduced. Furthermore, Poveromo has struggled to engage in and enjoy his usual activities. His overall quality of life has significantly declined, resulting in considerable personal loss and detriment.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): KBE Building Corporation | GDS Contracting Corp. | C. & H. Electric, Inc. | The Jewish Home for the Elderly of Fairfield County, Inc., also known as Jewish Senior Services
    • Counsel for Defendant(s): Paula S. Bennett
    • Expert Witnesses for Defendant(s): Daniel Gorman

Claims

The falling sheetrock and drywall, and the resulting injuries sustained by the Plaintiff, Austin D. Poveromo, were directly caused by KBE’s negligence in several ways:

  1. KBE allowed multiple panels of sheetrock and drywall to be stacked vertically against a wall instead of flat on the floor. This practice created an unsafe, hazardous condition for workers like Poveromo.
  2. This stacking method violated industry standards, further endangering workers by placing the materials in a defective condition.
  3. KBE failed to secure the sheetrock and drywall properly, not using adequate measures to prevent the materials from sliding, falling, or collapsing, thus violating OSHA Regulation 1926.250(a)(1).
  4. KBE neglected to store the sheetrock and drywall in a manner that kept aisles and passageways clear, which would have facilitated safe movement for equipment and workers, violating OSHA Regulation 1926.250(a)(3).
  5. The Defendants stored the materials too close to a hoistway or floor opening and within ten feet of an exterior wall that did not extend above the top of the stored materials, violating OSHA Regulation 1926.250(b)(1).KBE did not take necessary actions to protect workers from falling sheetrock and drywall, despite the unsafe condition persisting for a long period.
  6. KBE failed to post warnings about the improper storage and did not conduct proper inspections or adequately train and supervise Poveromo regarding these hazards.

Defense

The Defendants asserted the following special defenses:

  1. The Plaintiff’s claims against KBE Building Corporation were barred by the principal employer defense under C.G.S. Sec. 31-291 et seq. and the case of Gonzalez v. O&G Industries, 322 Conn. 291 (2016). This defense applied because:
    • KBE served as the construction manager and general contractor for the project.
    • KBE purchased a Contractor Controlled Insurance Program (CCIP) for the project, which provided workers’ compensation coverage for KBE’s employees and subcontractors, including the Plaintiff.
    • KBE covered all premiums for the workers’ compensation insurance under the CCIP.
    • KBE paid the workers’ compensation benefits, including medical and indemnity payments, for the Plaintiff’s injuries.
    • KBE also paid any applicable deductible amounts under the CCIP related to the Plaintiff’s injuries.
  2. Plaintiff’s claims against C. & H. Electric, Inc. were barred by C.G.S. Sec.31-284.
  3. Plaintiff’s claims against The Jewish Home for the Elderly of Fairfield County, Inc., also known as Jewish Senior Services, were barred because Defendant did not possess or control the property in question.
  4. If the Plaintiff, Austin Poveromo, sustained the injuries and losses claimed, they resulted from his own negligence in the following ways:
    • He failed to maintain a reasonable lookout for his own safety.
    • Although he was aware or should have been aware of the conditions he complained about, he did not act with appropriate care.
    • He did not exercise the caution expected of a reasonably prudent person in similar circumstances.

Expert Testimony

The Plaintiff, Austin D. Poveromo, relied on a range of expert witnesses to support his negligence claims. Michael E. Shanok provided insights into industry standards for handling and storing construction materials, emphasizing how KBE’s practices deviated from these norms, creating hazardous conditions. James Spak testified about the safety measures required by OSHA regulations and evaluated whether KBE’s actions complied with these standards.

Dr. David Goodkind offered medical evaluations, linking Poveromo’s injuries directly to the unsafe conditions described in the case. Dr. Michael Harma provided expert opinions on the connection between the storage practices and the Plaintiff’s injuries, integrating both medical and scientific perspectives. John Carravone discussed proper construction site safety protocols and the correct methods for storing materials to prevent accidents. Dr. Adam H. Kaye analyzed the mechanism of the Plaintiff’s injuries and reviewed how the unsafe storage practices contributed to them. Mark W. Tebbets assessed safety standards for construction sites and the effects of failing to adhere to these standards.

On the other hand, the Defendants presented Daniel Gorman as their expert witness. Gorman countered the Plaintiff’s claims by providing an analysis of the storage practices and safety protocols, arguing that they were compliant with industry standards and did not contribute to the injuries sustained by Poveromo.

Jury Verdict

On July 19, 2024, the Connecticut jury returned a verdict in favor of the defendant, GDS Contracting Corp., and awarded nothing to the Plaintiff, Austin D. Poveromo. On the same date, Hon. Robert D. Andrea entered a judgment consistent with the verdict.

Court Documents:

Complaint

Answer 

Verdict