falling debris

Fatal Construction Accident Leads to Criminal Convictions

A 2009 construction accident killed a Long Island man and is just now coming to resolution in court. Two contractors on the accident site were charged criminally with the worker’s death, and the family of the victim also has a lawsuit pending against the reportedly culpable companies.

Robert McGee, 59, a construction foreman from Bohemia L.I. was working at the site on Staten Island during heavy wind advisories. As he knelt on the second story floor, a wind gust brought down a 60 foot tall wall on him, crushing him.

The wall was said to be a known problem, as workers on the site had watched it sway in the wind for days prior. Knowing about the wind advisory, a colleague had called McGee before the collapse, warning him that it may be in his best interest to leave the site.

Anthony Malfi, owner of Well Built Development Corp. who erected the wall, and Michael Fazio of Woodrow Builders, LLC, both faced criminal charges in McGee’s death, something rare but not unheard of. Both pleaded guilty to misdemeanors and will serve no jail time.

The family of McGee also has a lawsuit pending in state Supreme Court, claiming that Well Built did not follow the guidelines set for constructing a commercial office building and that Woodrow Builders did not have an inspector on site to ensure the construction was built according to regulations. Both companies are named in the lawsuit. Continue reading

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