Wrongful Death Suit Filed in Working Accident

This year, Irma Vargas, the widow of construction worker Jose Luis Delgado Lopez, filed a personal injury lawsuit in Santa Clara County Superior Court. Her husband’s accident happened last November when he died Tuesday morning after falling 76 feet from the 6th story of a construction site. Emergency crews responded to a medical call at 222 North Wolfe Road at about 7:51 a.m., and Mr. Lopez was pronounced dead a few minutes later.

Level 10 Construction was the builder on the site where the incident occurred, and Mr. Lopez was the employee of Alamillo Rebar Inc., a subcontractor who works with concrete reinforcement. According to Ms. Vargas, Alamillo was hired to install rebar and iron reinforcements for the concrete structures, but in order to reach the cables, Mr. Lopez needed to walk onto a plywood platform, which collapsed.

According to an OSHA investigation, the collapse was the result of supports under the platform being removed. Employees of Webcor Builders had removed the supports, even though that morning Lopez was scheduled to trim rebar and cable in preparation for upcoming concrete work.

Likewise, it was another 4 hours before Vargas was even informed of her husband’s death. Soon after the incident, she began receiving frantic calls from people who knew her husband, telling her there had been an accident. She attempted to call her husband several times and gave up calling at around 10 in the morning.

Vargas’s sister also detailed that they tried to call Alamillo Rebar but were put on hold and were unable to talk to anyone at Level 10. Vargas had to look up Level 10 projects on the company website and drive from her home to the job site in Sunnyvale. When she got there, she inquired about the wellbeing of her husband and was abruptly informed he was deceased.

After his death, the family set up a GoFundMe to raise $11,000 for the funeral costs; from 639 donors, they received $83,013. According to the suit, Ms. Vargas is seeking damages for emotional distress, wrongful death, negligent survival, and premises liability from Level 10 Construction, Webcor Builders, Alamillo Rebar Inc., and Central Wolfe LLC.

If your loved one was injured or killed by the negligence of another person or group, don’t hesitate to call Habbas & Associates. Our skilled San Jose wrongful death attorneys understand the sudden and unexpected loss of a loved one is one of the most difficult trials people can go through. The last thing you want to think about is the financial repercussion¬†of the accident, but many families experience financial strain after the death of their primary financial provider. We have more than 175 years of combined experience to offer your case, and we can provide caring and reliable counsel and support during this difficult time. Let us see how we can help you seek compensation from the negligent party.

Contact us at (888) 387-4053 or fill out our online form to schedule a free case consultation with us today.

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