GALVESTON — A subcontractor is suing a construction company, alleging its negligence caused him to crack his skull and spend two weeks in a coma.
Sergio Leyva filed a lawsuit Feb. 1 in Galveston County District Court against Westmoreland Builders LLC, alleging negligence and premises liability.
According to the complaint, on March 1 ,2014, Leyva was working for Westmoreland as a subcontractor on Westmoreland’s project at 2502 S. Gulf Freeway, League City, for Ybarra’s Real Estate Services when he was instructed to erect interior and exterior walls. The suit says the plaintiff protested the instructions due to dangerous wind conditions but continued to work on the project.
The lawsuit states Levya entered a scissor lift and was approximately 20 feet in the air when wind gusts blew the wall on top of the plaintiff, crushing him and cracking his skull. The complaint says Leyva remained in a coma for two weeks and continues to suffer impairment, medical expenses, and lost wages.
The plaintiff alleges Westmoreland failed to provide a safe work environment, properly train their employees, or provide workers with adequate protective equipment.
Leyva seeks damages, court costs, pre and post-judgment interest, and a trial by jury. He is represented by attorneys Timothy R. Hightower and Ivan J. Capellan of Hightower Capellan in Houston.
Galveston County District Court Case number 16-CV-0135