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A New Jersey jury recently found mechanic Joseph Martelle 50 percent liable for injuries he incurred in 2000 when he was installing air conditioning at a New York high school and had two fingers partially severed as he was sawing Plexiglas®.

Two days after the jury's verdict, Martelle and his lawyer settled the lawsuit they had filed against the City of New York as the high school's owner and the former Board of Education as the City's agent, which the jury found 50 percent liable. The bifurcated trial had an upcoming damages phase that was rendered unnecessary by the settlement agreement, which included $900,000 as compensation to Martelle.

No Anti-Kickback Device on the Saw

Martelle was employed by Aiello & Sons Air Conditioning Company at the time of the February 2000 accident. He was building an air conditioner frame that was to include Plexiglas elements. He used a table circular saw that did not have an anti-kickback safety device, and the Plexiglas kicked back as he was sawing it, cutting four fingers on his left hand and nearly completely severing two of the fingers.

Conflicting testimony regarding the ownership of the circular saw was presented at the May 14 trial. Martelle contended that the saw was his employer's, and his employer alleged that the saw was Martelle's.

Martelle has not returned to work since the 2000 accident, although his fingers were successfully reattached.

(Source: Staten Island Advance)

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