Firm told not to touch fallen bridge platform (follow up on 3 killed)

[Omaha Steve]

http://www.nwanews.com/adg/News/221823/

BY LINDA SATTER

Posted on Saturday, April 5, 2008

A federal judge Friday granted a temporary restraining order to prevent a Texas construction company from moving or altering any part of a 5, 000-pound platform that fell Wednesday morning from the Interstate 430 bridge into the raging Arkansas River, taking three workers with it.

The restraining order was sought earlier Friday by attorneys for Miriam Gonzalez, the wife of Manuel Gonzalez, who is also known as Eleazer Lopez, one of two workers still missing.

Miriam Gonzalez, who lives in Mexico with the couple’s children, is anticipating pursuing a wrongful-death lawsuit against Oscar Renda Contracting Inc. of Roanoke, Texas, said her attorney, Clay Miller of Dallas. He said the motion was filed to prevent the destruction of any evidence before an expert hired by his law firm has a chance to examine the wreckage.

“He might be alive, but we’re assuming at this point that he’s not,” Miller said. Otherwise, “We’d think we would’ve heard something by now.” Charles Jackson, an Oscar Renda employee who was acting as the crew chief on the day of the accident and had left the area briefly when the platform collapsed, has identified Manuel Gonzalez and Manuel Flores Silva as the two men whose bodies have not been found. The body of Wulfrango Ruiz, 45, was pulled from the river Wednesday evening when authorities used a crane to raise the platform out of about 20 feet of water.

“In order for Plaintiff to evaluate the circumstances of Manuel Gonzalez’s death, Defendants need to be restrained from altering, modifying, destroying or moving any scaffolding and any related components, including any devices and / or equipment used to secure it to the Interstate 430 bridge,” the motion says. “Also, all material removed from the river needs to be preserved until both parties have had an opportunity to inspect the material.” Attached to the motion is an affidavit from Little Rock lawyer Lamar Porter, who described himself as having several years of experience with personal injury and wrongful-death cases.

“The basis of any wrongful death case will hinge on what is discovered upon inspection and what is collected from the river below,” Porter wrote. “Without preserving the status quo and materials from when the incident happened, Plaintiff may be deprived of the ability to pursue legal remedies.” The case was randomly assigned to U. S. District Judge Bill Wilson Jr., but Wilson was unavailable Friday afternoon, so U. S. District Judge James Moody issued the ex-parte temporary order — one made without consulting the defendants — within an hour of when it was filed. Moody noted that time was of the essence to prevent “the possibility of the loss of crucial evidence.” A hearing is 2: 30 p.m. Tuesday before Wilson, although Miller said it may not be necessary if an agreement is reached before then allowing his expert to look at the equipment after, or at the same time as the U. S. Occupational Safety and Health Administration conducts its own review.

FULL story at link.

[TomInTib]

1. Well, the catfish would probably agree.

Clay Miller is one slick attorney. I know of him, having spent a good bit of time in Dallas.