New York City scaffolding failure causes brain damage and DA probing-New York Daily News

2021-11-11 07:35:40 By : Ms. vicky liao

Her lawyer said that Kathleen Haley Keating's life changed in an instant because construction and scaffolding companies ignored basic safety rules.

On June 30, 2019, 32-year-old Keating was celebrating a promotion in the outdoor courtyard of the now closed Mission Dolores in Gowanus.

Next, Keating was knocked down on the scaffolding on the roof of a building at 243 Fourth Avenue and fell into a pool of her own blood, located next to the bar, from a 12-story building to the ground.

Now Keating is working hard to recover from a severe brain injury-Brooklyn prosecutors are weighing criminal charges against related companies. City investigators and Keating’s lawyers said the scaffold was not properly attached to the roof where it fell.

Keating is in North Carolina and is slowly recovering, learning to speak again, and remembering who his family is. Her father told the "Daily News" that she might never return to work as an accounting in New York City.

"The day the scaffolding collapsed, her supervisor just notified her that she would be promoted. In fact, when the scaffolding ended her career, they were celebrating Hailey’s promotion together," said Kevin Keating, using his middle name Refers to his daughter.

"This is the end of Hayley who we knew her," he said of the collapse.

Hospital records show that Keating fractured Keating's skull and caused her brain hemorrhage and seizures. Two years later, she still suffers from epilepsy, dizziness and headaches, and has difficulty concentrating.

"We are lucky that she is still alive, she now remembers her name and now recognizes her family," her father said.

On the day of the collapse, 33-year-old Zach Crittenden was moving out of a nearby apartment building. Suddenly a gust of wind blew by and he heard a "huge crash."

Crittenden arrives on the Dolores mission before the paramedics.

"There is dust everywhere. There is a mess of things everywhere," he said. "I saw the young lady on the ground with a pool of blood under her head.

"The bartender walked through that open courtyard and it was like,'What the hell happened?' It was quite chaotic. People were screaming... the crash sounded very violent."

Keating’s lawsuit in the Manhattan Supreme Court blamed Vadem Brodsky, the owner of the building, 243 Development LLC.; the scaffolding company Silvercup Scaffolding; and the contractors Werize Inc., Master Roofing & Siding Cons., Inc., and C&L that worked on the building. Stucco Corp. etc.

Keating’s lawyers and inspectors of the Ministry of Construction stated that the construction company did not comply with the regulations and committed a series of violations.

Werize was violated for failing to protect public property, and DOB stated that the scaffold collapsed because it was not tied to anything. According to the inspector, Silvercup Scaffolding was also accused by DOB as "not properly secured" scaffolding.

Brodsky was the site security coordinator, and he was accused of failing to perform his duties. He could not be reached for comment.

Keating’s lawyers stated that no one had inspected the scaffolding on the roof of the building at least ten days before the collapse, because the building’s elevators were out of service.

The scaffolding maintenance logs kept by Werize show that the inspections continued until June 12, 2019-but there were no inspections after that, although each log has a stern warning "Scaffolding must be inspected daily!"

Last year, when a Silvercup lawyer asked the judge to shelve Keating’s lawsuit while the investigation was underway, news of the Brooklyn DA criminal investigation was leaked at a court hearing. The DA office confirmed the investigation to The News.

According to its lawyers, Silvercup received a subpoena from the grand jury in October 2020. According to Silvercup's lawyers, prosecutors are still investigating Werize and 243 Development LLC.

Attorney for Silvercup and 243 Development LLC. Declined to comment.

"She doesn't want [scaffolding crash] to be the end of her story," Kevin Keating said. "She may be restricted now. However, she is doing her best to overcome it."