BRENTWOOD — Town councilor and real estate agent Brian Chirichiello will go to court in September for a personal injury suit, almost two years after he injured his shoulder at a Manchester construction site.

Chirichiello, a realtor with Prudential Verani Realty, was meeting with a painter at a Manchester construction site in 2005 when he tripped and fell, injuring his left shoulder. The fall resulted in surgery on the shoulder and extensive physical therapy, according to court documents.

He is now suing the property owner, GFI Manchester Riverfront LLC, and the Portsmouth construction company, Pilot Construction, for losses incurred from the injury. Pilot Construction has also named the fence company, National Rent-A-Fence Inc., as a third-party in the suit, according to the documents.

Rockingham County Court Judge Tina Nadeau ruled last week that the case will go to trial on Sept. 15. However, Chirichiello and the other parties will engage in private mediation in May and June, according to the documents.

Chirichiello said earlier this week that he's just happy the case will finally be going to trial because he has three screws and a plate in his shoulder.

His left arm and shoulder have been permanently been impaired and "his ability to go about and enjoy life and the quality of his life have been diminished," according to the documents.

According to the documents, Chirichiello was responsible for marketing the 68-unit waterfront property on Riverfront Drive. He tripped and fell over the footing of a portable construction fence that was not marked and in the right of way.

As a result of the injury, Chirichiello has incurred more than $26,000 worth of medical expenses and has lost approximately $159,000 in wages, according to the documents.

Chirichiello's attorney, Gary Casinghino, wrote in a Feb. 25 summary statement that the income loss resulted from the real estate agency removing him from the project.

According to the documents, Pilot Construction Inc. is liable for Chirichiello's injury because they put the temporary fences in the foot path and failed to provide adequate warnings of the hazard with cones, and bright paint.

However, Pilot Construction's attorney, Debra Mayotte, denies they are liable for Chirichiello's injury.

"The plaintiff's injuries, if any, were caused by his own inattentiveness and negligence," Mayotte wrote in motion.

Chirichiello said the property owner is liable for his injuries because they failed to provide a safe environment and to monitor the activities of the contractor, according to the documents.

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