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.

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