David Yates Feb. 23, 2016, 12:25pm


HOUSTON – A wrongful death suit recently tried in Harris County ended with an award of $53 million in damages.

Plaintiff Josefina Garcia, representing the estate of Angel Garcia, filed suit against Manhattan Vaughn JVP, Texas Cutting & Coring Group and Lindamood Demolition on Dec. 23, 2013.

According to the lawsuit, on Dec. 3, 2013, Angel sustained fatal injuries from a four-story fall while working at Kyle Field in College Station. A section of concrete dislodged, catapulting him off the edge of the ramp where he was working.

Angel and his employer at the time, Lindamood, were aiding in the stadium’s renovation. Angel was operating a Caterpillar Skid Steer Loader, using the machine’s grapple bucket to catch debris. A piece of concrete larger than the Caterpillar could control broke free and caused it to topple over the edge.

The suit accused Manhattan Vaughn and Texas Cutting of negligently failing to maintain a safe workplace, specifically failing to test the structural integrity of structure before and after the demolition process started.

The case went to trial on Jan. 25 against the suit’s sole remaining defendant, Manhattan Vaughn, and ended Feb. 10, court records show.

According to the charge of the court, jurors found Manhattan Vaughn did exercise some control over the manner in which the demolition work was performed.

The jury assigned the bulk of the blame to Manhattan Vaughn, 75 percent, allocating the remaining 25 percent to Lindamood.

Court records show that on Feb. 22 the plaintiffs filed a motion for entry of final judgment, asking the court to sign a final judgment against Manhattan Vaughn consistent with the jury’s findings, which includes:

- Actual damages awarded in the amount of $40,314,418.50; and

- Interest in the amount of $1,908,621.44.

Houston attorney Jason Gibson represents the plaintiffs.

Case No. 2013-76550

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