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Family of Worker Killed in Cesspool Accident Files Wrongful Death Lawsuit

The family of a 59-year-old man who was killed in a cesspool accident in May 2017 has filed a $50 million wrongful death lawsuit with the Suffolk County Supreme Court. In the suit, the family claims the man’s employer, its contractors, the highway department in the Town of Huntington and the owner of the home at which the accident occurred were all negligent in their actions, directly leading to the man’s death.

The victim, a Huntington man who worked for Don Antorino Sewer & Drain, reportedly died when the edge of a cesspool pit he was working on collapsed, pushing him into the hole and suffocating him under a large amount of soil. He died almost immediately.

Determining liability

At the time, local law enforcement officials reported that the company was hired by a general contractor, Antorino & Sons, to work on the project. An Occupational Safety and Health Administration (OSHA) investigation led to fines on both companies for “serious” safety violations. These included a failure to provide employees with adequate protective systems while they were installing cesspools.

According to the plaintiffs, the man and other workers at the jobsite were asked not to use harnesses or safety lines and did not receive hard hats. The suit also claims the equipment being used at the site was too large for the project, and that the hole was both improperly located and supported.

The plaintiffs also claim the homeowner and the Town of Huntington were aware of chronic flooding and water drainage at the site, which created hazardous conditions for workers. The town and the homeowner allegedly failed to address those issues in a timely manner.

If you believe a loved one’s death was due to the negligence of another person, business or organization, consult a dedicated Long Island wrongful death attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.