Seven construction workers who survived a 50-foot fall repairing the Bay of St. Louis Bridge in Gulfport, Miss. last June filed suit in federal court against subcontractors and a tugboat operator for negligence, according to khou.com.
Contractors were refurbishing bridge damage from Hurricane Katrina in 2006.
Alger Pennamn of Jackson and Delfino Beltran of Mexico died after they fell 50 feet into the bay. They were filling a large cage of iron reinforcement bar with concrete when it slipped off the bridge’s surface.
The suit claims the tugboat struck a bridge support column, contributing to the collapse of support forms under the top span of the bridge. The accident occurred a month after the bridge re-opened for travel on two of four lanes. In the suit, the plaintiffs contend contractors were negligent in the hiring, training and supervision of employees. They seek an unspecified amount in damages and compensation for physical injuries and emotional trauma.
Matthews Marine, tugboat owner, admitted no wrongdoing in the operation of the “Annabella,” a 40-foot, steel-hulled push boat.
All plaintiffs in the lawsuit were employed by Granite Archer Western, which is not named in the lawsuit. Instead, the plaintiffs filed claims under the Longshore Harborworkers Compensation Act. They are: Agustin Martinez, Amado Martinez, Roman Martinez, Silvestre Cruz, Martinez Rojas, Primitivo Rosas, and Sabas Tovar.
Some officials wondered whether the plaintiffs -- all Hispanic – were undocumented workers, which attorney John Foxworth, denied. "Although several of our clients are not proficient in the English language, all of our clients working on the bridge that day were either long-time, legal permanent residents of the United States or U.S. citizens," he said.
Prior to the plaintiffs’ lawsuit, the Occupational Safety and Health Administration (OSHA) proposed fines of $95,725 against four contractors. OSHA said the tragedy was "preventable." The companies facing fines have two weeks to appeal the fines. OSHA fined Granite Archer Western -- the lead contractor -- $70,000 for failing to correctly design, fabricate, erect, brace and maintain the formwork, said WLOX-TV, the ABC affiliate serving Gulfport and Pascagoula.
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