## Facts

- Michael DiSalvatore, a construction worker, fell into an open elevator shaft at a federal construction site and died.
- He was removing wooden planks covering the shaft opening; the court found this work was ordinarily a two-person job.
- DiSalvatore proceeded alone, and the court credited testimony that construction workers faced job-loss pressure if seen standing idle while waiting for a coworker.
- The planking over the shaft was described as uneven, warped, rough, and hazardous; witness accounts conflicted on details such as how many planks remained and DiSalvatore’s precise position.
- The elevator shaft lacked a safety net or similar fall-protection device required by applicable standards.
- The estate sued the United States under the Federal Tort Claims Act, alleging negligence as the premises owner/responsible entity for site safety.
- After a nonjury trial, the court initially entered judgment for the United States, then granted a new trial upon concluding it had applied an incorrect legal standard and reconsidered the evidence and findings.

## Issues

1. Whether the United States was negligent under Pennsylvania law (as incorporated through the FTCA) for failing to provide or require a safety net for an open elevator shaft during construction work.
2. Whether the absence of a required safety net was a legally sufficient cause of DiSalvatore’s death even if the precise mechanism of his fall was uncertain.
3. How DiSalvatore’s decision to continue a typically two-person task alone affected liability under Pennsylvania negligence principles.

## Decision

- The court found the United States negligent for failing to provide or require a safety net in the open elevator shaft.
- The court held that, although the evidence did not establish the precipitating cause of DiSalvatore’s fall, the absence of the required net was a cause of his death.
- The court amended its findings and conclusions after granting a new trial and entered judgment imposing FTCA liability on the United States rather than maintaining the prior defense verdict.

## Legal Principles

- In an FTCA action, the United States’ liability is determined by the substantive tort law of the state where the act or omission occurred, here Pennsylvania.
- Failure to provide a legally required safety device in a known hazard area can constitute negligence.
- Causation may be established where the defendant’s safety-device omission is a substantial factor in producing the fatal outcome, even if the exact precipitating cause of the fall cannot be determined.
- Assessment of the injured worker’s conduct must consider workplace conditions and pressures relevant to whether the conduct should reduce or bar recovery under applicable Pennsylvania negligence rules.

## Conclusion

The court held the United States liable under the FTCA because it negligently failed to provide a required safety net for an open elevator shaft, and that omission was a legal cause of the worker’s death even though the precise trigger for the fall remained uncertain.


DiSalvatore v. United States, 499 F. Supp. 338 (E.D. Pa. 1980)