HOUSTON – The surviving relatives of a man who reportedly died from being buried alive on the job last year have pursued legal action, per recent Harris County District Court records.
Dallas resident Marisol Valera filed a wrongful death lawsuit on behalf of herself and the estate of Nabor Machuca Mercado and the late worker’s minor children against Enervest Operating, L.L.C. and Oscar Renda Contracting, Inc. in the Harris County 234th District Court on Mar. 15.
The suit explains that Renda, at the direction of Enervest, on Nov. 7, 2017 “dumped gravel on Mercado’s person with an excavator, burying Mercado alive, and ultimately, suffocating Mercado to death” at a jobsite in Johnson County.
Court papers accuse the defendants of failing to protect the decedent “from his severe injuries prior to his ghastly death.” The suit blames them for failing to train and enforce employees regarding basic excavator safety.
Consequently, the complaint demands unspecified monetary damages and a jury trial.
Domingo A. Garcia and Ryan Sorrells of the Law Offices of Domingo Garcia, P.C. in Dallas are representing the plaintiff.
Harris County 234th District Court Case No. 2018-17480