LEWISVILLE, Texas — The widow of a construction worker killed in a trench collapse in Lewisville last month has filed a civil suit against the City of Lewisville and numerous companies behind the project he was working for.
Saira Noemi Sandoval De La Rosa, the widow of the victim, is seeking more than $1 million in relief, accusing the defendants of negligence and vicarious liability. The defendants include the city of Lewisville, 2R Construction Services, Axis Contracting, Raul Armando Canales Jr., Richard Dale Johnson Jr. and Jesus Isaac Sandoval.
Domingo Garcia, whose law office is representing De La Rosa, said the widow is devastated.
"There was a total failure to follow OSHA protocols and guidelines in the trench. There should’ve been a safety box to avoid the type of cave-in that occurred," Garcia said in an interview with WFAA. "This was a recipe for disaster, and unfortunately, now you have a widow because of the company's negligence."
De La Rosa's husband, Alberto Agustin Sandoval Cabello, was under the direction and working for the defendants when he died on the job site in a project to replace streets, water and wastewater lines. Cabello was working when the walls of the trench he was in suddenly collapsed, trapping him underground without a means of escape, killing him.
"Defendants owed him the duty to provide a safe place to work, warn of dangers, provide necessary instrumentalities and safety equipment to safely perform work," the lawsuit states. "They failed to provide harness, lifeline, and other necessary equipment to protect workers from trenches collapse."
The suit also argues that the defendants failed to provide the necessary safety training and appropriate trench protective systems. It is a direct result of these actions, the suit argues, that the fatal accident occurred.
"The defendants knew the risks involved for [Cabello] to do his job in a safe manner, but nevertheless failed to provide ordinary care in his job performance and performing of defendants' services," the suit reads.
The suit goes on to accuse the defendants of negligence -- negligent hiring, training, supervision and retention, as well as vicarious liability and negligent undertaking. It also accuses the defendants of violating OSHA standards regarding trench safety.
"This was a recipe for disaster," Garcia said.
According to Garcia, Sandoval had just arrived to the U.S. six months ago to work. He was the sole breadwinner of his family -- his wife and two young children still live in Mexico.
"The family depended on him to provide, and the children, without him, are left without any funding, any sources and its been really really tough on them," Garcia said. "That's why we have to file this lawsuit, to try and get some type of justice and some type of compensation for the family."
WFAA has reached out to each of the defendants but has yet to receive comment as of Wednesday evening.