Three killed in construction accident

Jury awards $10.5 million for three killed in fall from 11th floor platform in construction accident
In June 2009, plaintiff's decedents Raudel Camacho, unknown age, Jesus Perez, 20, Wilson Cerrito, 38, and plaintiff Henry Suazo, unknown age, were doing stucco work outside of an apartment complex in Austin.

General contractor Andru Construction hired Greater Metroplex Interiors as a subcontractor for interior and exterior finish work, and Greater Metroplex obtained Capoera Construction as their subconctractor to complete their exterior stucco work. To assist their work, Greater Metroplex leased a mast climber (platform) from American Mast Climber. America Mast Climbers brought the platform to the site and secured it to the building; the company was responsible for maintenance while the equipment was being leased.

While the four workers were working outside of the 13th floor, they lowered the platform to the 11th floor to get more stucco. After the platform stopped, witnesses heard two simultaneous popping noises and the mast climber dropped. Ramirez and Lopez fell to the street and died instantly. Cerritos fell with the platform a parking garage roof, but died at a hospital an hour later. Fortunately, Suazo grabbed a balcony and pulled himself to safety.

The workers' families sued all of the contractors mentioned above. Greater Metroplex and Mast Climber settled before trial.

The families counsel claimed that the platform was in poor condition with damaged parts. They claimed that the motors that allowed the platform to move up and down were badly worn and that some were missing. They also argued other claims about the design and setup of the platform.

Greater Metroplex settled before trial for $2,615,000. Andres Construction settled for a confidential amount. The parties elected to waive a jury. The judge found American Mast Climbers 95 percent liable and Greater Metroplex 5 percent liable. American Mast Climbers received a settlement credit due to apportionment. Damages awarded to all plaintiffs equaled $10,522,908.50.

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