$3.42 Million Jury Verdict Entered for Death of Construction Worker When Trench Collapsed

M Construction Ltd. was doing utility construction, including digging a 9-foot trench to place pipes in the ground. The company’s foreman instructed employees to enter the trench to dig under a pipe.

The unprotected trench collapsed, killing Rigoberto Tovar, an M Construction employee. He was just 25 years old and was 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 chose not to properly train workers on trench safety.

The Tovar family argued that M Construction decided not to comply with OSHA regulations requiring protection such as trench boxes or shields that prevent trench collapses. There was no claim for lost income.

The jury signed a verdict for $3.42 million.

At trial, the Tovar family attorneys presented experts in workplace safety and forensic pathology. The defendant presented an expert in construction company standard of care.

The attorneys successfully handling this tragic case were Michael Cowen, Malorie Peacock and Roberto Salazar.

Tovar v. M Construction, Ltd., No. C-715-10-A (Tex. Dist. Ct. Hidalgo County).

Kreisman Law Offices has been handling construction death lawsuits, wrongful death cases, catastrophic injury cases, work injury lawsuits and nursing home abuse lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including St. Charles, Lombard, Elk Grove Village, Hoffman Estates, Barrington, Vernon Hills, Lake Forest, Evanston, Countryside, Bridgeview, Oak Lawn, Blue Island, Chicago (South Side, Hyde Park, Wrigleyville, Woodlawn, Fuller Park, McKinley Park, River North, Old Town, Lincoln Park, Lakeview, Belmont Cragin, North Park, Ravenswood, Uptown), Franklin Park, Bensenville, Schiller Park, Elk Grove Village, Des Plaines and Rolling Meadows, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.