A Pennsylvania appellate court on Wednesday refused a defense request for a new trial in a case that resulted in a $15.5 million award for a worker severely burned by electricity during tree removal work.
The Pennsylvania Superior Court denied an appeal by Vito Braccia Construction LLC, which said it should have been immune from civil litigation because of workers compensation exclusive remedy.
The case involved a workplace incident in which tree worker Brian Feldman suffered severe electrical burns in October 2022 while engaged in tree removal work at a construction site in Bala Cynwyd.
Mr. Feldman had been using a chainsaw to cut up pieces of a removed tree when he was severely shocked by electricity during a mishap involving tree branches and an adjacent power line.
The incident caused Mr. Feldman to develop burns to more than 62% of his body, 20% of which were third-degree. He spent six weeks recovering in a hospital’s burn unit.
Mr. Feldman, who claims he suffers from disabilities because of the incident, was awarded $15.5 million in damages following a jury trial in Philadelphia.
On appeal, Braccia Vito Construction argued, among other things, that the case should have been handled exclusively in workers comp, but the appeals court ruled that the company was not deemed a statutory employer under the state’s workers comp law, and thus was not immune to litigation.
