A tragic incident at a construction site has led to a lawsuit filed in Harris County, Texas. On May 30, 2024, Olga Arambul Duran, acting as the next friend of her minor child C.S. and as the personal representative of the estate of Porfirio Silvas Liera, filed a complaint against Modern Constructors, LLC, Paradigm Design & Construction, and CT Roofing Installations, LLC.
The lawsuit stems from an incident on May 19, 2023, when Porfirio Silvas Liera was working on the roof of a three-story apartment complex at 1701 Wolf Ranch Parkway in Georgetown, Texas. According to the complaint, Liera fell to his death while working on the construction site. The plaintiff alleges that the defendants were responsible for safety at the site and failed in their duties to provide a safe working environment. "Liera’s safety harness may have failed and/or he may have been struck by an industrial vehicle controlled by Defendants causing the initial fall," states the complaint.
The plaintiff accuses Modern Constructors, Paradigm Design & Construction, and CT Roofing Installations of multiple counts of negligence. These include failing to ensure a safe work environment, not implementing reasonable safety policies and procedures, inadequate training for workers, failure to enforce safety protocols, hiring incompetent employees or agents for the job site, neglecting regular inspections to identify hazards, and violating OSHA regulations and other applicable laws. The suit also claims that these negligent acts collectively led to Liera's fatal injuries.
In addition to negligence claims, the plaintiff is also seeking damages under theories of respondeat superior (holding employers liable for their employees' actions) and gross negligence. The complaint asserts that "Defendants’ conduct rises to the level of gross negligence... such that exemplary damages are warranted." The family is seeking over $10 million in damages for various losses including past and future pain and suffering, loss of companionship and society for C.S., funeral expenses, loss of inheritance among others.
The legal representation for Olga Arambul Duran is provided by Michael P. Lyons and Michael S. Fechner from Lyons & Simmons LLP based in Dallas. The case has been assigned Case ID 2024-34072 in Harris County District Court with Judge Kenrylone Asbeny presiding.