Marshall Boral plant sued over worker's fatal heatstroke

Michelle Keahey, East Texas Bureau Aug. 8, 2011, 3:37pm

MARSHALL - A wrongful death lawsuit has been filed against the Boral Brick plant in Marshall for allegedly failing to take any actions to prevent the heat-related death of one of its workers.

Maria Molina Oviedo, individually and as personal representative of the estate of Francisco Javier Oviedo-Ramirez, deceased, and as next friend of three minor children, filed suit against Boral Industries Inc. and Boral Bricks Inc. on Aug. 4 in the Eastern District of Texas, Marshall Division.

According to the lawsuit, Francisco Javier Oviedo-Ramirez was performing intense labor in extreme conditions at the Marshall Boral brick plant in August 2010 when he began to display signs of heat exhaustion. His symptoms progressed until he exhibited signs of a heat stroke and co-workers reported that he was disoriented and lethargic. He continued to work until he was found unconscious. Ramirez remained in a coma for more than two weeks before he died from his injuries.

The defendant is accused of gross negligence for forcing or knowingly allowing Ramirez to work without proper protection and precautions in intense manual labor while he was still ill from heat exhaustion, failing to monitor him, knowingly leaving Ramirez unattended and without proper care or aid, failing to take steps to diagnoses or assesses his condition, neglecting to administer aid or attention and creating a dangerous work environment that caused his untimely death.

On behalf of the deceased, Oviedo is seeking damages for conscious physical pain, emotional pain, torment and suffering, medical expenses, loss of earning capacity, loss of consortium, mental anguish, funeral and burial expenses, interest, court costs and exemplary damages.

Oviedo is represented by Douglas C. Monsour and Garrett W. Wilson of The Monsour Law Firm in Longview. A jury trial is requested.

Case No. 2:11-cv-00349

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