A federal district court has ruled that Tom Allen Construction Company and general contractor Mears Group are not responsible for the death of a security guard at a Hunts Point construction site.
The guard, who was hired by a security agency, was asphyxiated after using a propane heater to warm his shack overnight. The guard borrowed the heater from employees of the construction company earlier that day.
The court ruled that the construction companies did not have control over the space heater and did not create the danger that led to the guard’s death. Rather, the guard used the space heater in an unforeseeable, unsafe manner by running it overnight in a small space without ventilation.