Sen. James Alesi, R-Perinton, Monroe County, is suing a couple in his district and a home builder after he fell in an under-construction home in 2008, the Democrat and Chronicle reported this morning.
The home builder is not happy, the paper reported, because they decided not to pursue trespassing charges against Alesi at the time.
From the article:
In January 2008 a Perinton couple decided not to prosecute state Sen. James Alesi after Alesi entered their under-construction house, tried to scale a ladder from the basement to the first floor, fell and broke his leg.
Now, John and Janet Hecker might be rethinking their choice not to have Alesi charged with trespassing.
This week, Alesi, a Perinton Republican, sued the Heckers and the home builders, DiRisio Builders Inc., claiming that they did not take steps to ensure the safety of the unfinished house.
There was no negligence on Alesi’s part, who suffered “permanent injuries” from his fall, the lawsuit contends.
Hecker said he could not comment Thursday because he had yet to be served with the papers. Alesi also declined to comment.
But Louis DiRisio, owner of DiRisio Builders, had been hit with the legal papers — and he was fuming Thursday.
The Sheriff’s Office in January 2008 gave the Heckers the option to prosecute Alesi but “the homeowners said ‘Let’s not add insult to injury here and press charges,’.” DiRisio said.
In the lawsuit Alesi maintains that Trolley Brooks Estates was advertised as a new housing development open to the public. DiRisio and the Heckers should have foreseen that prospective homebuyers would enter open houses, the papers state.
The house should have been kept “in a reasonably safe condition,” according to the lawsuit.
In 2008 Alesi told the Democrat and Chronicle that he was looking at several houses, including models, in the Trolley Brook Estates community and found the door open to the nearly-complete structure which, unbeknownst to him, was owned by the Heckers. He went in, he said, and the only access to an upper floor was with a ladder. He fell while climbing, he said then.
The 2008 Sheriff’s Office report said Alesi and another individual were looking at houses and found the one at Conover Crossing with “the rear door unsecure” with no locks.
“They both decided to enter to check on the construction inside,” the report stated.
DiRisio said there was nothing indicating the house was a model available for viewing. “That was private property that he entered into,” DiRisio said.
A stairwell was still unfinished, so the ladder was the contractor’s access from a basement to the first floor, DiRisio said. Why, he said, would anyone else other than the house’s owner or builder think they had a right to scale a ladder within a structure?
“I guess anybody can sue anybody,” DiRisio said.