A lawsuit has been filed against a utility company for alleged negligence leading to personal injuries. On October 16, 2024, Joshua Hurley and Dylan Schaffer filed a complaint in the District Court of Harris County, Texas, accusing The Aspen Utility Company, LLC of failing to ensure public safety during their operations.
The plaintiffs, Joshua Hurley from Kingwood, Texas, and Dylan Schaffer from Porter, Texas, allege that on August 17, 2023, they suffered severe injuries after falling into uncovered pits dug by employees of The Aspen Utility Company while installing internet services in the Kingwood Community. Despite knowing the dangers associated with such pits—particularly that falls are a leading cause of job site fatalities—the company allegedly neglected to cover them. This negligence is claimed to have resulted in serious injuries for both plaintiffs as they were trimming bushes near one of these hazardous sites. Furthermore, children were reportedly nearby as they disembarked from school buses at the time of the incident.
The plaintiffs argue that The Aspen Utility Company's failure to cover or warn about these pits reflects a broader institutional policy of neglecting public safety across their operations in Texas. They assert that this conduct constitutes gross negligence and breaches various local ordinances and state laws designed to protect individuals from such hazards. Specifically cited are violations of Occupational Safety and Health Administration (OSHA) regulations regarding fall protection systems and excavation safety measures.
In their petition, Hurley and Schaffer seek monetary relief exceeding $1 million for damages including medical expenses (past and future), physical pain and suffering, mental anguish, loss of earnings capacity, disfigurement, and exemplary damages due to gross negligence. They also demand a jury trial to resolve these claims.
Representing the plaintiffs 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.