Injured roofer claims he fell through hole left by previous workers

John Suayan, Galveston Bureau Mar. 27, 2012, 6:00am


GALVESTON - Houston resident Ulber Escobar has filed a lawsuit after falling from a new building last month.

A lawsuit filed March 20 in Galveston County District Court claims Mesa Mechanical Inc., a company that had previously worked in the area, created a defect which caused the fall.

Escobar was installing a new roof for his employer, STSP Inc., on Feb. 20, court papers show.

According to the original petition, the plaintiff was next to a rectangular hole that was raised approximately 6 to 8 inches above the surface of the flat roof that Mesa Mechanical reportedly covered with three pieces of ply board.

The suit says the planks were not screwed down or firmly affixed "but rather just resting" on the edge of the rectangular hole.

"Mr. Escobar was working next to the hole when he lost his balance," the suit states. "He placed his hand out to catch himself and when his hand came into contact with the board it flipped up causing him to fall 18 feet, striking the concrete floor of the level below the roof."

The plaintiff faults Mesa Mechanical for "failing to take appropriate measures to prevent people from falling through the hole." He claims the defendant's actions went against Occupational Safety and Health Administration regulations.

Consequently, Escobar seeks unspecified monetary damages and a jury trial.

He is represented by attorney Brian L. Jensen of Bellaire.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 12-cv-508

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