Hard Hats & Justice Episode 3

The Judgment They Tried to Erase: How Nellie Garcia Won When the Defendants Tried to Disappear

In today's episode of Hard Hats and Justice, Chris Gorayeb recounts how, on July 25, 2016, Nellie Garcia was directed to descend a wet metal staircase at a new hotel construction site in Queens, carrying a mop and bucket to clean a flooded basement. She slipped approximately ten steps down the 12 step run and severely injured her back. Her boss refused to call an ambulance and instructed her to tell medical providers she had been hurt at home, promising to pay the bills personally. That tactic, common among unscrupulous employers, was designed to cut her off from workers' compensation and from any third party claim under the New York Labor Law.

This episode of Hard Hats and Justice follows the case as Garcia hired Gorayeb and Associates, which filed suit against the building owner and the general contractor. The defendants ignored service, refused to respond to letters, and hid from the litigation entirely. Gorayeb obtained a default judgment, tried the damages portion, and won a 5 million dollar award for Garcia, who required spinal surgery. The defendants then launched a years long campaign to erase the judgment, appealing to the Appellate Division, the New York Court of Appeals, and federal court, all of which refused to disturb the ruling. Only when Gorayeb hired the sheriff to force the sale of the defendants' building did they finally agree to pay millions of dollars. Chris uses the case to show injured workers that hiding defendants can be tracked down, and that persistence in litigation can recover what the law demands.

New York Construction Accident Lawyers

If your accident happened on a construction site, a demolition job, a scaffold, a roof, or because an owner, general contractor, or other party failed to keep the site safe, do not wait for paperwork, missing evidence, or an early insurance offer to shape your case.