A recent lawsuit has been filed against a utility company for allegedly causing serious injuries due to negligence at a construction site. On October 16, 2024, Joshua Hurley and Dylan Schaffer filed a complaint in the District Court of Harris County, Texas, against The Aspen Utility Company, LLC. The plaintiffs claim that the company's failure to cover dangerous pits led to their injuries.
According to the complaint, on August 17, 2023, employees of The Aspen Utility Company were working on installing internet services in Kingwood, Texas. They had dug pits more than eight feet deep without covering them or warning the public of their presence. Joshua Hurley and Dylan Schaffer were trimming bushes when they fell into one of these pits, resulting in severe injuries. The lawsuit alleges that the company was aware of the dangers posed by uncovered pits but failed to take necessary precautions. This negligence is said to be part of an institutionalized policy that endangers public safety by not protecting against such hazards.
The plaintiffs argue that The Aspen Utility Company violated several local ordinances and state laws, including regulations set by the Occupational Health and Safety Administration (OSHA). Specifically, they cite failures in providing fall arrest systems and proper barricades around excavations as per OSHA standards. These violations form the basis for claims of negligence per se—wherein breaking a law designed to protect individuals directly results in harm—and general negligence due to inadequate safety measures.
Hurley and Schaffer are seeking monetary relief exceeding $1 million for medical expenses, pain and suffering, mental anguish, physical impairment, loss of earnings capacity, disfigurement, and exemplary damages for gross negligence. They argue that these damages are justified given the company's conscious disregard for safety protocols which posed an extreme risk to public welfare.
Representing Hurley and Schaffer is Richard Ryder from Attorney Brian White & Associates P.C., based in Houston. The case is presided over by Judge Kerrylone Asberry under Case ID 2024-72061.