Parents Sue Over Construction Worker Death at Metro School

Stephen Elliott

June 3, 2024

The case partially inspired the proposed contract compliance board aimed at workplace safety, wage theft allegations

The parents of a 20-year-old Guatemalan laborer who died last year after falling from the roof at South Nashville’s Glencliff High School are suing Metro, the school system, an insurance company and two contractors, alleging negligence, wrongful death and discrimination.

The parents of Denis Geovani Ba Ché, who live in rural Guatemala, filed the lawsuit Friday afternoon in Davidson County Circuit Court, represented by Stranch, Jennings & Garvey attorney Kerry Dietz. She also represented the family of 16-year-old Gustavo Ramirez, who died in 2020 while working on a hotel project near Nissan Stadium.

“I’ve really seen how easy it is for workers — especially minority workers, especially immigrant workers — how easy it is for them to slip through the cracks,” Dietz told the Banner. “There are very few, if any, mechanisms in place to catch safety violations on projects like this.”

In addition to the Metro government and Metro Nashville Public Schools, the complaint names primary contractor Eskola, subcontractor Jr. Roofing & Construction and Builders Mutual Insurance Company as defendants. The complaint allows other plaintiffs to join the case, alleging that the young worker was not adequately trained or supervised. Additionally, the complaint links the worker’s Latino heritage to the majority Latino population at Glencliff.

See Full Article

The Dotted Line: How employers can protect construction workers from external threats

This feature is a part of “The Dotted Line” series, which takes an in-depth look at the complex legal landscape of the construction industry. To view the entire series, click here.

 

AUTHOR Kim Slowey
PUBLISHED March 14, 2017

Construction sites are inherently dangerous places. Every year, the Bureau of Labor Statistics and the Occupational Safety and Health Administration release data on injuries and deaths of construction workers, with many attributable to falls, excavation collapses, struck-by incidents – all the things one might expect to occur on a job site.

However, there are other threats facing construction workers that have nothing to do with the industry but everything to do with where construction sites happen are located. The potential danger of third-party violence and theft, drunk drivers and even terrorism all threaten today’s trade workers, more so if they are in what becomes the wrong place at the wrong time.

Employers must know their legal responsibilities when it comes to worker safety, from situations ranging from job site robbery to terrorism risks.

(Read More)