Thursday, July 14, 2016

Contractor refuses to comply with judge's order

From the NY Times:

A general contracting company that was found guilty of manslaughter in the death last year of a construction worker vowed on Wednesday to defy a judge’s order that it pay for public service announcements on worker safety.

Ronald P. Fischetti, a lawyer for the company, Harco Construction, said such a campaign would be tantamount to admitting wrongdoing and estimated it could cost hundreds of thousands of dollars. “Harco was innocent the day we walked into this courtroom,” Mr. Fischetti told Justice A. Kirke Bartley Jr. of State Supreme Court in Manhattan, “and they remain innocent today, notwithstanding your Honor’s verdict.”

“We will not obey,” Mr. Fischetti added. “We intend to appeal, and we believe the verdict in this case will be reversed.”

The company’s refusal to comply was an unexpected twist in a closely watched case related to the death of Carlos Moncayo, 22, an Ecuadorean immigrant who lived in Queens, at a site on Ninth Avenue in the meatpacking district of Manhattan, not far from the High Line.

Prosecutors with the Manhattan district attorney’s office argued that Harco had ignored repeated warnings about dangerous conditions at the site, and that the company’s negligence had contributed to the collapse on April 6, 2015, of a 14-foot trench in which Mr. Moncayo was crushed by thousands of pounds of dirt. Last month, Justice Bartley agreed with the prosecutors and found Harco guilty of second-degree manslaughter and criminally negligent homicide, both felonies, and reckless endangerment, a misdemeanor.

In response, the judge ordered that the parties return to court on Dec. 14. If Harco has not complied by then, he said, the court could impose the $10,000 fine.

6 comments:

(sarc) said...

The company is following their lawyer's advice that they and the insurance company are paying large sums of money.

As stated, they are appealing, why would you do anything until a truly FINAL verdict is reached?

Would you expect anything else?

Remember to pray for the soul of the departed and his family...

Anonymous said...

Overreaching judiciary.

Does the law include paying for a PSA as a penalty?

Judges acting like dictators from the bench.

How much you want to be they are a Democrat?

Anonymous said...

I don't see how a judge can sentences anyone to anything other than (a) jail and (b) monetary fines. Compelling someone to labor is not something that the US court system was set up to do.

Anonymous said...

Keep fining the bastards until they go bankrupt.

Anonymous said...

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

As per the 13th Amendment. Compelling to labor is legal as punishment for a crime.

(sarc) said...

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

As per the 13th Amendment. Compelling to labor is legal as punishment for a crime."

So what crime did all of the working residents of these United States commit that they must work to pay for Obamacare?

And pay to subsidize all those who do not work.

I consider that involuntary servitude...