Trial Magazine

M Construction, Ltd., was performing utility construction, including digging a nine-foot trench to place pipes underground. The company’s foreman instructed employees to enter the trench to dig under a pipe.

The unprotected trench collapsed, killing Rigoberto Tovar, 25, an M Construction employee. Tovar is survived by his wife and stepdaughter.

Tovar’s wife, individually and on behalf of his estate, sued M Construction, Ltd., alleging it negligently ordered its employees to work in an unprotected trench and failed to properly train workers on trench safety. The plaintiffs contended that the defendant failed to comply with OSHA regulations requiring protections such as trench boxes or shields that prevent trench collapse. The plaintiff did not claim lost income.

The jury awarded $3.42 million.

Citation: Tovar v. M Constr., Ltd., No. C-715-10-A (Tex. Dist. Ct. Hidalgo Cty. Jan. 31, 2020).

Plaintiff counsel: AAJ members Michael Cowen and Malorie Peacock, both of San Antonio; and AAJ member Roberto Salazar, McAllen, Texas.

Plaintiff experts: Jerome Spear, workplace safety, Magnolia, Texas; and Lee Ann Grossberg, forensic pathology, Houston.

Defense expert: Hugo Martinez, construction company standard of care, Mission, Texas.