HOUSTON - The family of the man killed in a construction accident at Kyle Field has filed a wrongful death lawsuit.
OSHA is still investigating the December 3rd accident and has not released its findings. But, according to the lawsuit filed in Harris County, 28-year-old Angel Garcia was catapulted off the fourth-floor of the student section ramp.
The lawsuit says Garcia was using a Caterpillar Skid Steer Loader to catch concrete debris from work being done overhead. Shortly before noon, a chunk of concrete larger than the Caterpillar could handle, broke free from a column and fell into the grappling bucket. The weight of the concrete caused the Caterpillar to topple over the edge. It hit a steal beam on the way down, causing it to flip and eject Garcia.
Garcia landed on a pile of rubble, back first. According to lawsuit, Garcia suffered massive trauma to his torso and head. He later died at St. Joseph Regional Medical Center.
The lawsuit accuses Vaughn Construction and other defendants of gross negligence, federal OSHA violations, and inadequate safety policies and procedures.
“Mr. Garcia’s family is enduring an unbearable holiday season this year,” said Jason Gibson, of The Gibson Law Firm. “We filed this lawsuit today to help them begin the process of rebuilding their lives.”
The lawsuit is filed on behalf of Garcia's mother and two children, ages seven and six.
We’ll have more on this story tonight on News 3 at 5:00 and 6:00.
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