Texas Demolition Contractor Found Not Liable in Wrongful Death and Employers’ Liability Lawsuit

Austin, Texas; February 8, 2007 — In another trial victory for the Houston law firm of Sheehy, Serpe & Ware, P.C., a Travis County (Austin, Texas) jury deliberated for only three hours before finding that a Houston-based demolition contractor was not liable for the death of an employee. The employee had been hired as a boilermaker to assist in the demolition of the roof of a large fuel oil storage tank. During the removal of the roof, the employee stepped on a previously cut section of steel, and fell 40 feet to his death. The employee had failed to attach his fall protection lanyard to the lifeline moments before the fall.

The Plaintiffs (the employee’s four children) filed suit under Texas Labor Code Sec. 408.001(b), for gross negligence and malice, seeking exemplary damages against the demolition contractor in a so-called employers’ liability claim. After almost 8 days of testimony, the jury decided there was no gross negligence or malice involved and rendered their verdict for the defense.

The Plaintiffs alleged that the demolition company failed to create a written engineering survey prior to commencing demolition operations. They also contended that OSHA cited the company for several violations of OSHA standards that demonstrated an overall lack of concern for safety with respect to its employees.

Defendant countered that the OSHA citations were unrelated to the fatality, and that an engineering survey was performed in accordance with the OSHA standards. Furthermore, the defense argued that the deceased employee was solely responsible for the accident for failing to use his fall protection equipment appropriately. The decedent was a 20-year veteran boilermaker who, according to both his own son and father, had demolished several similar tanks throughout his career. Moreover, in training records collected from the Contractors Safety Council, he had received substantial training in fall protection every year from 1998 through 2003, the year of the accident.

Mr. Steve Grubbs and Ms. Leslie Shores represented the demolition contractor at trial. Mr. Grubbs and Ms. Shores regularly represent heavy industrial and petrochemical businesses from litigation involving catastrophic events and fatal injuries. They also regularly represent industrial employers from claims made by administrative agencies such as the EPA, TCEQ and OSHA. Mr. Grubbs is board certified by the Texas Board of Legal Specialization in Labor and Employment Law.

Suit was filed in Cause No. GN-500014; In the 201st Judicial District Court of Travis County, Texas

For more information about this press release, you may reach Mr. Grubbs at (713) 951-1000, or go to the firm’s website at www.sswpc.com for more information.