Harsco Corporation and DYK, Inc. Found Liable for 2001 Roof Collapse of Tank No. 19 at the Joint Water Pollution Control Plant i
August 18 2005 - 9:03AM
Business Wire
After Shoring Gave Way, More Than 11 Construction Workers Fell Six
Stories into Tank Filled with Rebar, Metal and Wet Concrete, and
Were Severely Injured Late yesterday afternoon, a Los Angeles
Superior Court/Compton Division jury, after three days of
deliberation, found Harsco Corporation (NYSE:HSC) seventy-five
percent liable (75%) and DYK, Inc. fifteen percent (15%) liable for
an October 4, 2001 construction accident which occurred at the
Joint Water Pollution Control Plant/Tank No. 19 at 24102 South
Figueroa in Carson, Calif. Plaintiffs Gonzalo Castillo and Ruben
Gutierrez were among more than 11 people working on the roof form
of Tank No. 19 being constructed for the Sanitation District of Los
Angeles County when the roof collapsed. They plunged six stories
into the bottom of Tank No. 19, which was filled with rebar, metal
and wet concrete, and were severely injured. The damages portion of
the case is set for Monday, September 12, 2005. Mssrs. Castillo and
Gutierrez are represented by Geoffrey S. Wells with the Santa
Monica, Calif., law firm of Greene Broillet & Wheeler, LLP.
Gonzalo Castillo/Ruben Gutierrez vs. Quality Shoring and Scaffold,
Inc., Case Nos. TC015917 and TC015918. The trial began June 20,
2005, and was heard before the Hon. Rose Hom, with the case going
to the jury on August 12, 2005. The Plaintiffs filed suit on June
13, 2002, alleging negligence, strict products liability and
products liability negligence, among other claims. They
successfully argued that Harsco and DYK, Inc. failed in their duty
of care and were negligent in the making, assembly, installation
and maintenance of the falsework/shoring needed to erect the roof
for Tank No. 19. Harsco provided the shoring material that was used
on Tank No. 19. Cal-OSHA's accident investigation report revealed
that many of the shoring components were damaged and defective,
including defective and cracked welds on many of the shoring
frames. The jury found that Harsco's supplying of damaged and
inadequate material was clear proof of its liability. The jury also
found that DYK, Inc. was liable because it erected the shoring and
scaffolding for Tank No. 19 in a negligent manner. DYK, Inc. had
purchased co-defendant Quality Shoring and Scaffold, Inc. (QSS) on
July 30, 2001, from its owner, Alvin "Mick" Ruis. Mr. Ruis was then
hired by DYK, Inc. as a supervisor and was responsible for signing
off on the final inspection of the shoring. "This was a horrific
accident that has altered the lives of decent, hardworking men and
their families forever," said Geoffrey S. Wells. "We appreciate the
jury's finding that Harsco Corporation and DYK, Inc. were negligent
and are being held responsible for the serious injuries that our
clients sustained. This case should send a strong message to the
shoring and scaffolding industry that worker safety comes first,
and that it has a clear duty to inspect its inventory and repair
any defective equipment before it is delivered and used on a job
site." On the morning of October 4, 2001, Gonzalo Castillo and
Ruben Gutierrez were employed as cement masons by Kiewit Pacific.
They were among more than 30 people pouring concrete on the roof
form of Tank No. 19, and were standing on the plywood falsework
supported by shoring almost 60 feet above the floor of the tank. At
approximately 8:30 AM, after about 60-70% of the roof had been
poured, a hole started to open up and, in just a matter of moments,
the roof collapsed. More than 11 of the men fell six stories to the
bottom of the tank. Gonzalo Castillo, then age 47, was trapped up
to his waist in concrete and knocked unconscious by a piece of
falling rebar. He spent three days in the hospital, suffering a
left shoulder fracture dislocation, a right ankle fracture and
traumatic head injuries, and has since undergone multiple surgeries
for his injuries. Mr. Castillo spent months in rehabilitation and
is permanently injured. His wife, Martha Castillo, is a
co-plaintiff in the case. The Castillos have four children and
reside in La Puente, Calif. Ruben Gutierrez, then age 46, was
flipped upside down and plunged head first to the bottom of the
tank, where he hung upside down for nearly 1-1/2 hours until he was
finally rescued. He was in such agony during that time that he
begged to have his right leg cut off. Mr. Gutierrez sustained a
broken right femur and tibia, a shattered right ankle, torn
ligaments of the right knee and a severed nerve in his right
shoulder, and was hospitalized for 25 days. He spent more than a
year following the accident in a wheelchair and is permanently
injured. His wife, Sara Gutierrez, is a co-plaintiff in the case.
They have two children and reside in Culver City, Calif. Editor's
Note #1 Plaintiffs are represented by Geoffrey S. Wells with the
Santa Monica, Calif., law firm of Greene Broillet & Wheeler,
LLP (www.greene-broillet.com); Telephone: 310-576-1200. Defendant
Harsco Corporation is based in Camp Hill, Pa. (www.harsco.com);
Telephone: 717-763-7064. Harsco is represented by Todd L. Peterson
with the San Francisco, Calif., law firm of Dryden, Margoles,
Schimaneck & Wertz; Telephone: 415-362-6715; and Dana Alden Fox
with the Los Angeles office of Lynberg & Watkins; Telephone:
213-624-8700. Via merger, Harsco acquired defendants SGB
Construction Services, Inc., SSGB, Inc., and Patent Construction
Systems. Harsco was the provider of shoring material to the Carson
construction site. Defendant DYK, Inc. is based in El Cajon,
Calif., (www.dyk.com); Telephone: 619-440-8181. DYK, Inc. is
represented by John V. Gaule with the Arcadia, Calif., law firm of
Oddenino & Gaule; Telephone: 626-447-5454. Via a purchase on
July 30, 2001, DYK, Inc. purchased defendant Quality Shoring and
Scaffold, Inc. DYK, Inc. was charged with erecting shoring for
digester tanks at the Carson construction site. Editor's Note #2
Dave Gowers Engineering, LLC was found three percent (3%) liable
and Quality Shoring and Scaffold, Inc. was found seven percent (7%)
liable.
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