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Formica Construction

Description

Pavia and Paci were installing a sewer pipe inside a 12-15 ft deep trench when it collapsed and they were killed. Kenneth Formica, a partner in Formica Construction Corp. and a licensed contractor with 30 years of experience, was supervising the work. Formica ignored regulations on shoring trenches and directed the two workers to work inside the trench without it being properly shored. On March 4, 2003, a few months prior ot the incident, NYC Department of Transportation Highway inspectors found violations at another Formica worksite that Kenneth Formica was also supervising. The inspector had ordered a worker out of an unshored trench and ordered Formica to shore it up. During OSHA's investigation, Formica admitted that he had made a mistake by leaving the trench unshored and was at a loss to why he did that. He testified before the grand jury that he was aware of the 5 feet rule.

Prosecutors

Unavailable

Incident Type

Trench Collapse

County

Staten Island

State

New York

Date

December 15, 2003

Available case materials include

  • Case/Court Decisions
  • Media Clips & Gov't. Press

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
Lorenzo Pavia 39 Unavailable Formica Construction Fatality
John Paci Unavailable Unavailable Formica Construction Injury

Defendants

Name Type Title Plea Information Conviction Sentence
Kenneth Formica Individual Owner Pleaded guilty to criminally negligent homicide 16 weekends in jail under an alternative sentencing program.
Penal Crimes Charged

Second Degree Manslaughter; Criminally Negligent Homicide; First Degree Reckless Endangerment; Third Degree Assault

Other Crimes Charged

Unavailable

Kenneth Formica Individual Owner Pleaded guilty to criminally negligent homicide 16 weekends in jail under an alternative sentencing program.
Penal Crimes Charged

Second Degree Manslaughter; Criminally Negligent Homicide; First Degree Reckless Endangerment; Third Degree Assault

Other Crimes Charged

Unavailable