Family of Worker Killed by Trench Compactor Failed to Prove Gross Negligence by Employer

A Texas appellate court ruled that the family of a worker who was fatally crushed by a trench compactor failed to establish any gross negligence by the worker's employer, as a matter of law. Case: Garay v. G. R. Birdwell Construction, No. 01-13-01088-CV, 11/25/2014, published. Facts: Paulino Garay worked for G. R. Birdwell Construction until his death in September 2012. He was operating a Dynapac LP8500 trench compactor for Birdwell at a construction site near the Houston Ship Channel on the day he died. Normally Birdwell's employees used a remote control to operate the trench ...