Unfortunate Construction Death
On December 23, 2013, the family of a worker who was killed at Texas A&M’s Kyle Field had filed a wrongful death lawsuit against contractors who were in charge of the university’s $450 million endeavor to widen and modernize the stadium. Court documents filed in Harris County, Texas illustrate a gruesome scene on December 3, 2013 as twenty-eight-year-old Angel Garcia aided with the knocking down of a curved pedestrian ramp at the stadium’s northeast corner. Posted on the ramp’s fourth story, Garcia was using a small Caterpillar loader to capture concrete remains from overhead demo work.
Just prior to noon, a huge portion of concrete broke away from a column and collapsed into the machine’s steel bucket. The concrete load was too dense for the Caterpillar, which tried to secure the remains prior to tumbling over the ramp’s edge. Garcia, a father of two children, was thrown out from the machine as it went down, resting back first on rubble pile underneath. He endured the fall but expired from his injuries hours later at St. Joseph’s Hospital in Bryan, Texas. Federal Occupational Safety and Health Administration (OSHA) is currently in charge of an investigation, which is anticipated to officially conclude by spring 2014.
The Garcia family requests a jury trial and at least $1 million in damages from numerous contractors involved in the Kyle Field renovation as well as Manhattan Construction and the deceased’s ex-employer, Lindamood Demolition. Both companies have dealt with OSHA violations in the current past. The prosecution stated that Mr. Garcia’s family was suffering an agonizing holiday season last year. He added that he and his legal team filed the lawsuit on December 23, 2013 to aid them in starting the procedure of restoring their lives. According to Mr. Gibson, meanwhile, his law firm’s investigation of the incident resumes, and he and his legal team are additionally keeping an eye on the associated state and federal investigations.
Houston-based Vaughn Construction, the co-leaders of the Kyle Field endeavor along with Manhattan, and two concrete-cutting firms from Austin, Texas were additionally identified in the lawsuit. Claims consist of gross negligence, poor training, and a failure to supply a sufficient barricade along the ramp’s fourth floor.
What is a Wrongful Death Claim?
A wrongful death claim is existent when a person dies because of the lawful responsibility of another individual. The right to file a lawsuit for wrongful death is a somewhat new idea. Common law, the laws brought to the United States from England, did forbid this type of lawsuit. However, during the twentieth century, state and federal courts established the right to bring a wrongful death action. All U.S. states currently have some sort of wrongful death law.
Wrongful death claims entail all kinds of deadly accidents from uncomplicated car accidents to difficult medical malpractice or product liability cases. People, corporations, and governmental agencies can be lawfully in the wrong for acting carelessly (falling short of acting as a reasonable person would have acted) and acting deliberately.