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Texas Widow Files Wrongful Death Case Against TXI

By The Law Office of WT Johnson on June 26, 2012

Texas Industries is being sued by a Texas widow for allegedly requesting her husband take a drug test immediately after falling during a fatal work accident, instead of calling an ambulance.

Her husband, Benino Perez, had worked at the cement and construction company for 38 years and was only two weeks away from retiring when the accident happened. He was working as a loader and batch man at the Dallas headquarters when he fell several feet, hit his head and lost consciousness, later dying in the hospital.

Mrs. Perez states in the lawsuit that when he was lying on the ground, another employee said a drug test should be carried out on him. They unzipped his pants and took urine from him, allegedly before calling an ambulance. It took two hours for paramedics to be called to the scene of the accident. Mrs. Perez wondered why it took so long for them to be called.

Mrs. Perez’s lawyer also states that the security cameras at TXI were removed the day after the accident, but TXI refuted the statement and said they were just not facing where Benino was working.  

She is suing the company for $15 million in actual and punitive damages. The lawsuit states that TXI was negligent in employee training, providing proper equipment and her husband’s wrongful death.

Yet, TXI states that no drug test was given before calling 911, and that any drug test would have been done by the paramedics or at the hospital.

If you or your loved one has been the victim of a construction accident, don’t let negligent companies take advantage of you during your time of need. Contact the Law Firm of W.T. Johnson today to get the justice you are entitled to.

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Posted in: Wrongful Death

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