Worker claims employers tried to cover up accident at construction site

Kelly Holleran Mar. 16, 2010, 8:00am

A man has filed suit against the companies he blames for causing his fall while working at a construction site.

Armando Garcia claims he was working for Austin Maintenance and Construction as a welder on Oct. 10 when the incident occurred.

For his job, Garcia was working for defendants Motiva Enterprises; Becon Construction Co.; Bechtel Corp/; Bechtel Oil, Gas and Chemicals; and Jacobs Engineering Group, according to the complaint filed March 4 in Jefferson County District Court.

The 56-year-old Garcia claims he was walking on the "extremely congested" construction project when he fell after a pile of dirt collapsed between two slabs, the suit states.

"Despite the fact that one employee of Plaintiff's employer tried to coerce Plaintiff to hide the accident and/or the true date of the accident, the area where Plaintiff fell was barricaded after the incident because the location where Plaintiff fell was unreasonably dangerous and no warning or instruction was made to Plaintiff," the complaint states.

Because of his fall, Garcia claims he incurred medical costs, lost earnings and his earning capacity, experienced physical pain and suffering and sustained mental anguish. In addition, he suffered physical disfigurement and physical impairment and lost his household services, the suit states.

The defendants negligently failed to warn, failed to instruct, failed to supervise, failed to provide a safe place to work, failed to inspect, failed to maintain, exercised their retained right of control and failed to barricade the dangerous worksite, the complaint says.

In his complaint, Garcia seeks actual and exemplary damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Gilbert T. Adams and Gilbert T. Adams III of the Law Offices of Gilbert T. Adams will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B186-170.

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