MORGANTOWN - The administrators of the estate of a man who fell to his death more than a year ago are suing the businesses involved in the alleged incident.
Ulysses Jean and Erik Ernesto Calvillo, the co-administrators of Manuel Luevano Garcia's estate, filed the lawsuit Oct. 18 in Monongalia Circuit Court.
The defendants are EA Morgantown, Parkcrest Builders and Bailey Electric Company.
On April 23, 2005, the complaint says Garcia fell 23 feet off a ladder and onto a concrete floor, suffering the massive head injury that would claim his life a day later.
At the time, the plaintiffs say Garcia was working for Bailey Electric, which was retained by Parkcrest for a job. EA Morgantown, they add, contracted Parkcrest for the construction at "The District" in Morgantown.
"Garcia was using a ladder in place of scaffolding to gain access from the third level breezeway to the stair landing between the third and fourth levels of apartment complex under construction," the complaint says. "The plaintiffs further say that as Manuel Luevano Garcia stepped from the ladder to the stair landing, the ladder kicked out while his other foot was still on it."
The complaint says Garcia was transported to Ruby Memorial Hospital but died the next day.
The defendants are charged with wrongful death, deliberate intent, negligent hiring and retention and premises liability.
"Garcia's beneficiaries are entitled to damages for sorrow, mental anguish and solace, including but not limited to loss of society, companionship, comfort, guidance, kindly offices and advice of Manuel Luevano Garcia," the complaint says.
John Angotti of Morgantown firm Angotti and Straface is representing the plaintiffs.
"EA failed to exercise reasonable due care in its selection, supervision and hiring of its general contractor Parkcrest," the complaint says.
"EA Morgantown knew or should have known of the unreasonably dangerous condition and did not correct nor warn ... Garcia of the condition."
Monongalia Circuit Court case number 06-C-676