Modern Group wants $9M wrongful death suit tossed

David Yates Jan. 25, 2016, 4:42pm


Defendants in a wrongful death suit seeking more than $9 million in damages recently filed a motion for summary judgment.

Monty Ryan Garcia of Galveston filed individually and as estate representative for his deceased son, Steven Garcia, against The Modern Group GP Inc., Dragon Products Ltd., Breco Inc. and Personnel Staffing in Jefferson County District Court on May 13, claiming liability in the March death of his son.

According to the suit, Steven Garcia was employed by Personnel Staffing on March 23, 2015 to work on the premises of The Modern Group and/or Dragon Products engaged in building “frac” tanks using sandblasting techniques in a structure designed and sold by Breco.

Steven Garcia became entangled in an auger located in the blasting room and incurred severe injuries, leading to his death.

On July 6 Personal Staffing answered the suit, stating that it is a worker’s compensation subscriber and the plaintiff’s claims must be dismissed pursuant to the exclusive remedy provision of the Texas Worker’s Compensation Act.

Court records further show that on Jan. 19 The Modern Group and Dragon Products filed an amended motion for summary judgment, stating that the Modern Group did not control the premises and the TWCA bars the plaintiff’s claims.

The defendants are cited with failure to properly train and supervise the decedent, have safeguards and procedures in place, and utilize safe facility design.

The suit alleges that Steven experienced pain and anguish prior to his death. The complaint cites loss of companionship and funeral expenses.

The plaintiff requests actual, consequential and punitive damages up to $3 million; exemplary damages up to $6 million; pre- and post-judgment interest; attorney’s fees; expenses and costs.

Lennon Wright and James Horwitz of Houston represent him.

The Modern defendants are represented by Beaumont attorney Larry Simmons of Germer PLLC.

Personal Staffing is represented by Kent Adams, attorney for the Lewis Brisbois Bisgaard & Smith law firm in Beaumont.

Jefferson County District Court Case D-197104

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