Worker faints while dismantling scaffold: Failure to require fall protection: Wrongful death: Settlement: Postverdict settlement

Law Reporter, May 2001

Worker faints while dismantling scaffold: Failure to require fall protection: Wrongful death: Settlement: Postverdict settlement.

Zapata v. Moorhouse Constr. Co., Tex., Jim Wells County 79th Jud. Dist. Ct., No. 98-06-36738, Sept. 2000.

Zapata, 43, was dismantling a scaffold that was being used to build a wall at a school gymnasium. He fainted and fell off the scaffold, landing on his head 13 feet below. Zapata suffered fatal injuries. A laborer for a masonry subcontractor, the incident occurred his first day on the job. He is survived by his wife, a minor child, two adult children, and his mother.

Zapata's survivors filed suit against his employer and Moorhouse Construction Company, the general contractor. Plaintiffs alleged that defendants were negligent for not requiring fall protection devices at the construction site. Plaintiffs also claimed that Moorhouse's safety supervisor, who was present when Zapata fell, told Zapata's boss that fall protection was not necessary.

Zapata's employer settled before trial for $400,000.

Moorhouse claimed Zapata was negligent for failing to take proper precautions, including securing himself Moorhouse also contended it was not required to control subcontractors, Zapata's employer had full control of its portion of the job site, and Occupational Health and Safety Administration regulations did not require fall protection during the dismantling phase of a project.

The jury awarded $38.75 million, including $19.5 million punitive damages.

The parties later settled for $10 million.

Plaintiffs' expert was Eugene Holland, safety consulting and engineering, Schaumberg, Ill.

Moorhouse's experts were Mel Tamez, safety consulting and engineering, Corpus Christi, Tex., and Robert Guinee, safety, San Antonio, Tex. Plaintiff' Counsel

Guy H. Allison, Corpus Christi, Tex.

William B. Harrison, Corpus Christi, Tex.

William J. Tinning, Portland, Tex.

Gioncarlo Nisimblat, Alice, Tex.

Charles L. Barrera, Alice, Tex.

Documents in this case are available through the Litigation Resources section in the back of this issue, courtesy of Mr. Allison.