“James Lomma and a former company mechanic, Tibor Varganyi, were recently indicted in Manhattan Supreme Court on charges of reckless endangerment, assault, and criminally negligent homicide in relation to this horrible construction accident,” says Ilchert. “The accident, which occurred on March 15, 2008, involved giant crane which broke and smashed into an apartment building on the Upper East Side. As a result of the accident, two construction workers, Donald Leo and Ramadan Kurtaj, were killed and the apartment building was damaged.”
According to court documents, Varganyi, 65, selected a Chinese company to fix the crane's turntable, based on lower cost estimates and shorter repair time. Ultimately, Ilchert says, the repair failed, causing the upper part of the crane to break off and fall 200 feet to the ground.
“This horrible construction accident could have been prevented if basic measures had been taken,” says Ilchert. “Those prosecuting the case say that the evidence will show that the defendants were deceitful and not candid with the New York City Building Department and that this deceit ultimately cost two men their lives.”
Reports say that the defendants, on the other hand, say they used a reputable company in China and that the crane had been thoroughly inspected before it was put into use. Even building department officials, they say, signed off on it.
“We are sure that justice will be served and the courts will get to the bottom of this tragic construction accident,” says Ilchert. “However, the construction industry depends on strict adherence to the rules to ensure the safety of construction workers and the people of Manhattan. If the defendants’ negligence caused these deaths, then they should be held responsible.”
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Established for more than 50 years, Lurie, Ilchert, Mac Donnell & Ryan LLP, located at 475 Park Avenue South (32nd Street) New York, NY, 10016, specializes in representing victims of all types of accidents including construction and demolition, falls from ladders, scaffolds, and roofs, automobiles, trains, and buses, babies with cerebral palsy and other brain damage, general medical malpractice, saws and electrical tools without guards, and slip and fall cases. For more information, call 212-685-7417 or visit www.limrlaw.com.