MAYVILLE – Chautauqua Lake Central School and two contractors have until Monday to respond to a lawsuit by a worker on one of the school’s construction projects.

David Gulnac of Bear Lake, Pa., is suing for damages after an Aug. 8, 2023, fall while working at the school. Gulnac says neither the school district nor Jamestown Roofing or Perry Construction Group of Erie, Pa., put safety devices in place to protect Gulnac while he was working on a roof. Gulnac retained Lewis and Lewis PC to represent him for worker’s compensation in January before retaining the firm for a potential personal injury lawsuit in February.

Attorney Michael Coutu is asking state Supreme Court Justice Grace Hanlon to allow a late notice of claim. Hanlon recently ordered that the district and subcontractors be prepared to argue Monday why the late notice of claim shouldn’t be granted as well as why several pieces of documentation shouldn’t be turned over from the district and its contractors to Gulnac’s attorneys.

Gulnac was injured while painting roof vents that he claims should have been painted before roof membrane materials had been put into place. He said the roof was slippery and wet on Aug. 8 and he fell on the roof membrane near one of the vents in a peeked portion of the roof.

“I started to fall down the steeply sloped roof toward the ground below,” Gulnac said in his affidavit. “Although I continued to work through the pain for a week or two, I injured my neck, left shoulder, left elbow, left wrist and have been unable to work since August of 2023. I tore my shoulder. I have herniated discs in my neck. I have cubital tunnel (elbow) and carpal tunnel (wrist) injuries. I lost feeling in my left hand and fingers. I still have loss of sensation in my hand and fingers.”

The lawsuit states district officials were told the painting should have been done before the membrane materials were placed on the roof while district officials also allegedly told workers not to use nails or fastening devices so they didn’t damage the roofing membrane material.

“No one provided or placed walking boards, roof jacks or toe boards or any other fall arrest devices to protect us on August 8, 2023,” Gulnac said. “If the devices had been provided and properly placed, I would not have been injured.”

There had been no response to the lawsuit as of Monday, according to online court records.