The Stewart Law Firm, PLLC Files Suit in Fatal Construction Incident

    AUSTIN, TX, August 17, 2011 /24-7PressRelease/ -- Stephen W. Stewart, founding member of The Stewart Law Firm, P.L.L.C. in Austin, Texas, has filed a lawsuit in Nacogdoches County, Texas state district court on behalf of the family of a construction worker who suffered fatal injuries at a construction work site. According to the lawsuit, on November 9, 2010, workers were constructing a new high school for the Central Heights Independent School District, located at 10317 U.S. Highway 259, North, Nacogdoches, Nacogdoches County, Texas. Rafael Perez was an employee of Defendants, DUPLICHAIN CONTRACTORS, INC. and/or DUPLICHAIN CONTRACTORS, L.L.P. It is alleged that the construction site was supervised and controlled by Defendant, BERRY AND CLAY, INC. At the time of the incident in question, Decedent, Rafael Perez, while in the course and scope of his work, was instructed and required to go into a previously excavated trench on the job site, which according to reports, was between 2 feet to 3 feet wide and 8 feet to 10 feet in depth, in order to run blue tracer wire for a water line at the bottom of the trench. At the time in question, it is alleged that there existed no means of trench protection for employees, including, but not limited to, sloping, benching, shoring, trench boxes, or trench shields. Relevant to the trench, it is alleged there was no protection provided to employees by placing and keeping excavated or other materials or equipment a safe and secure distance from the edge of the trench. In addition, within the trench, it is alleged there was no stairway, ladder, ramp, or other safe means of egress available for workers inside the trench.

At the time that Rafael Perez was required to work in the trench, it suddenly and without warning collapsed, entrapping Rafael Perez's body with heavy soil, slowly cutting off his air supply. Rafael Perez was extricated and emergently taken to a hospital in critical condition with catastrophic personal injuries, which ultimately resulted in his death five days later. In the lawsuit, counsel for the family of Rafael Perez has alleged that the Defendants were negligent, negligent per se, and grossly negligent in causing Rafael Perez's death, resulting in the victims' injuries, harms, and losses.

Regarding the recently filed lawsuit, attorney Stephen W. Stewart explains that "simple rules have been in place in order to protect construction workers for years. Despite these important, but simple rules, trench-related injuries and deaths continue to plague the construction industry. These rules were specifically put into place to safeguard the health, safety, and general welfare of workers. When these rules are not followed, tragic and sometimes, like in the case of this family, catastrophic events can occur. We intend to help insure that preventable deaths, such as this, have significant consequences for employers who place profits above worker safety. My job is to prevent future deaths like this from happening," explains Stewart.

The Stewart Law Firm is an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims' rights and keeping proper checks and balances in place to assure that wrong-doers and dangerous products do not injure or harm innocent people. The Stewart Law Firm handles cases involving catastrophic personal injury, wrongful death, defective products, work injuries, and commercial truck/18-wheeler crashes.

The Stewart Law Firm, PLLC
3000 South IH-35
Suite 150
Austin, TX 78704
Phone: (877) 326-0411
Fax: (512) 326-8228
e-mail: [email protected]

www.thestewartlawfirm.net

Regarding the recently filed lawsuit, attorney Stephen W. Stewart explains that "simple rules have been in place in order to protect construction workers for years. Despite these important, but simple rules, trench-related injuries and deaths continue to plague the construction industry. These rules were specifically put into place to safeguard the health, safety, and general welfare of workers. When these rules are not followed, tragic and sometimes, like in the case of this family, catastrophic events can occur. We intend to help insure that preventable deaths, such as this, have significant consequences for employers who place profits above worker safety. My job is to prevent future deaths like this from happening," explains Stewart.

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