DALLAS (CN) – As an injured employee lay dying on its factory floor, Texas Industries ordered him tested for drugs before it called 911, the man’s family claims in Dallas County Court.
The family of the late Benino Perez claims the Dallas-based cement and concrete maker let the man lie on the floor for 2 hours after a fall before paramedics arrived.
Perez, working “without fall protection equipment,” fell “several feet to the ground below” while working as a loader/batchman on July 1, 2011, according to the complaint.
“While the decedent lay unconscious on the ground, the defendant ordered a drug test to be performed on the decedent prior to making the 911 call,” the complaint states. “After approximately two hours, paramedics arrived at the scene of the accident. The decedent was transported to the hospital, where he died from his injuries, due to defendant’s dailure to provide immediate medical attention to the decedent’s injuries. Plaintiffs have exhausted their administrative remedies.”
Perez’s family claim Texas Industries violated federal Occupational Safety and Health Administration regulations by failing to provide a guardrail, safety net or personal fall arrest system for employees working over six feet off the ground and failing to train employees who are exposed to fall hazards.
They seek $15 million in actual and punitive damages for wrongful death and gross negligence.
They are represented by Domingo Garcia in Dallas.