Net to client: $1,608,983
On or about December 4, 2006, Plaintiff Nicasio Amador, while in the course and scope of his employment with a construction company, was assisting in the removal of a utility pole located in front of the Presbyterian Hospital of Dallas at Walnut Hill Lane and Greenville Avenue in the City of Dallas. During this effort, it became necessary for Plaintiff Nicasio Amador to adjust a strap that was being used in conjunction with a track hoe to remove this utility pole. Prior to making this adjustment, the track hoe operator, Ronnie Garcia, was aware that Mr. Amador and another worker were within the swing radius of the track hoe while trying to attach a strap from the light pole to the bucket on the track hoe.
At the time of the accident, the swing radius of the track hoe was not protected, and Mr. Garcia was operating the track hoe without a spotter in violation of OSHA regulations and industry customs. Mr. Garcia was in the course and scope of this employment with Defendant at the time, and the track hoe belonged to Defendant.
Unfortunately, the operator Garcia got up from his seat to either see where the strap was being placed or to give some instruction to Mr. Amador and the other worker, and, when he sat back down in his seat, he hit a control lever and thereby caused the bucket of the track hoe to move forward without warning and to severely injure Plaintiff and cause Plaintiffs to incur damages. Further, the operator Ronnie Garcia was either not using the safety neutralizer, or it was not working on that track hoe – both violations of OSHA and industry standards. Said device would have would have prevented this incident. Also, Ronnie Garcia did not turn off the track hoe while Mr. Amador was within the swing radius. Had he done so, the incident would have occurred.
As a result of this entirely avoidable incident, Mr. Amador’s left arm was all but severed by the bucket between the shoulder and elbow. A small strip of skin kept the appendage attached, however, until it was amputated due to massive tissue and bone damage. At all times material hereto, the aforementioned Ronnie Garcia and his supervisor Robert Armstrong were in the course and scope of their employment with Defendant. Defendant is responsible for the negligence of its employees under the doctrine of Respondent Superior.Defendant is also liable to Plaintiffs for negligently hiring and retaining Mr. Garcia and other employees who caused and/or contributed to Plaintiffs’ damages.