Lawsuit: Dallas Cement Company Drug Tested Dying Employee Before Calling 911

By Eric Nicholson Mon., Jun. 11 2012 at 12:00 PM

Back in July, Benino Perez was working at a cement plant on Corinth Street in Dallas when he lost his balance. He fell from a height of several feet and was knocked unconscious from the impact. And according to a lawsuit filed in Dallas County District Court by his family and first reported by Courthouse News, his employer, Texas Industries, didn't call 911 until after performing a drug test.

It took two hours for paramedics to arrive and take Perez to the hospital, where he died from his injuries. The family claims that Texas Industries was grossly negligent and violated a number of worker safety laws. The online OSHA report is bare-bones. I've asked for a narrative and more details on the investigation, which didn't result in a penalty.

Domingo Garcia, who is not too busy campaigning for Congress to file the occasional wrongful death claim, is representing the family, which is seeking $15 million in damages.

Texas Industries Lawsuit

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Oak Cliff Townie

I doubt you will find any care giver (broad ranging term) who is going to participate in doing a drug screen test at an accident scene. It is beyond stupid . Well these days nothing is beyond stupid . In a world where everything safety and training related is documented a lot of this will away as things are sent between the Law offices. This will be a teaching tool .

Jeff

The correct word would be LOSE not LOOSE.

Thelma

Domingo should be made to pay for the defendants legal fees when he looses big time. And he will loose big time.

Thelma

Just the way people looking to make a quick buck roll. Frivolous written all over this lawsuit. Funny thing is, What does OSHA say about the accident? Can we all say "Cleared"? This piece of toilet paper calling itself a magazine is worthless presenting only half a story.

NewsDog

Wouldn't Domingo have to withdraw himself if he gets elected due to all the business TXI does with the City/County/State?

pleasedon'tshockmymonkey

"Excuse me, but could you please pee into this cup before you expire? Thanks."

Russp

Did it take two hours for them to call paramedics or did it take paramedics two hours to arrive after being called? Seems like there might be more people in line to be sued.