Contractor files suit against Harbor House

SOUTHWEST HARBOR – A Tremont man, accusing Harbor House of breach of contract and negligence, has filed suit against the nonprofit organization for injuries he claims to have suffered while working in a building leased by the organization.

Curtis Wells was hired by Harbor House in October 2002 to make improvements to the Harbor House facility, which is located on Main Street in the Southwest Harbor village. Harbor House, which functions as the community’s recreation organization, is partially funded by Southwest Harbor and neighboring Tremont but makes most of its revenue from private donations and program fees.

The town of Southwest Harbor owns the building and leases it to Harbor House for $1 a year. The town is not named as a defendant in the case, which was filed Dec. 21 in Hancock County Superior Court.

According to court documents, part of the job for which Harbor House hired Wells involved putting up new sheetrock and wall spackling in the building’s elevator shaft. Wells maintains in the court documents that Harbor House assured him the shaft would be adequately lighted, safe and ready for the needed work.

Wells’ attorney, Daniel Pileggi of Ellsworth, said Friday that while working in the building, Wells fell from the basement to the bottom of the elevator shaft, which was below basement level. Pileggi said he could not recall the distance Wells claims to have fallen.

The work area was not safe to work in, Pileggi said, because it was inadequately marked.

“He had fairly significant injuries,” he said of Wells. “He hurt his back.”

Wells claims in court documents that he has incurred medical expenses, experienced pain, suffering and “severe emotional injury,” and has lost earnings and enjoyment of life as a result of the incident. Wells’ wife, Weslea Sidon, citing a loss of consortium with her husband, also is listed as a plaintiff in the case.

Pileggi said his client is not seeking specific monetary damages at this point.

Attempts Friday to contact Harbor House Executive Director Marty Lyons about the lawsuit were unsuccessful.

Harbor House’s attorney, David King of Bangor, said Friday that his client disputes Wells’ claims. He declined to go into specific details about Wells’ allegations.

“Harbor House does not believe it was careless or negligent in causing Mr. Wells’ injury,” King said.

Southwest Harbor Town Manager Ken Minier said Friday that he knew there had been an issue with a contractor at the building but that he was unaware a lawsuit had been filed in the matter.

“I really can’t comment on it,” he said of the case.

Harbor House has been a tenant in the former schoolhouse for approximately 20 years, Minier estimated, and has been responsible for operating and maintaining the facility ever since it moved in.

“When you [rent out] the building for a dollar a year, you’re not going to take care of the maintenance, too,” he said.