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Construction Worker Sues Employers Over Scaffolding Fall

FLORIDA RECORD

Tuesday, December 3, 2024

Construction Worker Sues Employers Over Scaffolding Fall

State Court
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A construction worker's harrowing fall from scaffolding has led to a significant lawsuit against two companies. On July 15, 2024, Leonel Calvillo filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, accusing Barar Contracting, LLC and FrankCrum 14, Inc. of negligence and vicarious liability.

Leonel Calvillo, a resident of Okeechobee, Florida, began working for Barar Contracting in 2018. Barar Contracting is a construction company specializing in marine and outdoor projects. In January 2023, Barar entered into a Client Service Agreement with FrankCrum 14, Inc., a Professional Employer Organization offering outsourced human resources services. This agreement made Calvillo a co-employee of both companies.

The incident that sparked the lawsuit occurred on November 1, 2023. Calvillo was assigned to install siding on a barn at the J.W. Watson Road properties in Lake Placid, Florida. While working on scaffolding constructed by Barar Contracting, he fell approximately 16 feet, fracturing his right leg and foot. The complaint alleges that the scaffolding was improperly built and lacked necessary safety features such as fall protection systems and guard rails.

Calvillo's lawsuit accuses Barar Contracting of multiple breaches of duty under OSHA standards. The company allegedly failed to inspect the scaffolding before use and did not ensure it was erected by a competent person trained in scaffold building. Furthermore, they neglected to secure the scaffold’s wheels and legs to prevent movement.

FrankCrum 14 is also accused of negligence for failing to exercise its contractual rights to inspect job sites and verify compliance with safety requirements. According to the Client Service Agreement, FrankCrum retained control over safety management but allegedly failed to inspect the scaffolding or ensure it met safety standards.

As a result of these alleged failures, Calvillo suffered severe injuries leading to pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and substantial medical expenses. He claims these injuries are permanent and will continue to incur damages in the future.

Calvillo seeks judgment for damages exceeding $50,000 against both defendants for their alleged negligence and demands a trial by jury. His attorney is Jonathan T. Levy from Rosenthal Levy Simon & Sosa law firm.

This case is being overseen by Judge Ken Burke under Case Number: 24-003136-CI.

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