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Friday, April 22, 2016

Family of Texas Man Killed at Work Gets Large Judgment

If you are injured at work can you file a negligence lawsuit outside of the workers’ compensation system?

Going to work can be a serious pain, but a hazard to your health? You wouldn’t think so.  Well, think again. Everyday there are a number of people in the United States who are injured and killed on the job. From simple slip and falls to major accidents that result in death, most cases end up being routed through the specific state’s workers’ compensation system. Not all cases, however, end with an award from workers’ compensation.  Depending upon the circumstances, many of these cases find their way into a state court in a separate legal proceeding. For example, if a third party may be at fault for your injuries, you can bring a separate negligence lawsuit outside of the workers’ compensation system. This is exactly what happened in a recent Texas case where a man was killed on the job.

On December 3, 2013, Angel Garcia was operating a Caterpillar Skid Steer Loader while working on a construction site at Kyle Field in College Station, Texas. Under the direction of his employer, he was helping to catch debris that was falling during the demolition. At one point, a large piece of concrete fell. It was too large for the Caterpillar to control and the machine and Garcia fell four stories to the ground. Garcia was killed in the accident.

A representative for Garcia’s estate, Josefina Garcia, brought a wrongful death suit against the three companies involved in the demolition project: Manhattan Vaughn JVP, Texas Cutting & Coring Group and Lindamood Demolition. She argued that Manhattan Vaughn and Texas Cutting & Coring failed to maintain a safe work environment for Garcia and that their negligence caused his death. After trial, the jury sided with the plaintiff and found that Manhattan Vaughn’s and Lindamood’s negligence caused Garcia’s death. The jury decided that Manhattan Vaughn was 75 percent liable while Lindamood (who was no longer a defendant) was 25 percent liable.  They ordered damages in the amount of $53 million be paid to Garcia’s estate.

If you or someone you love has been injured in any kind of accident, you may be entitled to compensation. Due to strict time limitations, it is in your best interest to contact an experienced Dallas, Texas personal injury attorney about your case right away.


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