On September 7, 2010, John Kelly, a long-time member of the Tarrytown Fire Department, tried to save Anthony Ruggiero, a Village DPW worker, after he collapsed at the bottom of a cramped 20-foot-deep manhole behind Consolidated Engine Fire House in Tarrytown. Unfortunately, halfway down the manhole, Kelly looked up, his eyes rolled back, and he fell the rest of the way down. They were both pronounced dead later that day due to asphyxiation from low oxygen levels.
The ensuing investigation by the state Department of Labor exposed a series of failures by the village to provide the necessary training, programs, and policies for its workers that the village knew were required by law. The village was cited for four “willful” and/or “serious violations by the department’s Public Employee Safety and Health Bureau, or PESH, which was released in December 2010.
Kelly’s estate, represented by Jeff Korek of Gersowitz Libo & Korek, P.C., filed a lawsuit alleging negligence and recklessness by the village and other agencies in failing to train village workers or providing a safe work environment. The goal of the lawsuit was for those responsible to take ownership for the tragic event and for Kelly’s loved ones to finally get some answers.
Although the family of John Kelly, a dedicated public servant and volunteer fireman, continues to feel the effects of the tragedy surrounding Labor Day Weekend 2010, the family finally got the resolution and closure they were looking for with the settlement of their lawsuit.
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If you or a loved one has been injured or you have lost a loved one due to another party’s negligence or recklessness, you should discuss your legal options with an attorney as you may be entitled to compensation.
The New York personal injury attorneys at Gersowitz Libo & Korek, P.C. advocate for our clients’ full financial recovery through hard work and aggressive lawyering. If you or a loved one has sustained serious injuries or died as a result of another party’s wrongdoings, please contact us at 1-800-529-9997 to schedule a free consultation with one of our attorneys.