A man was killed in a weather-related construction accident near the University of Texas at Austin in March, and now the victim’s family wants justice.

Michael Delgado, 29, was killed when he was hit by a large piece of debris while biking past a construction site near the intersection of 24th and Rio Grande streets, where Greystar is developing a High-rise apartment. Delgado’s family is suing Gryeystar alleging negligence on set, KVUE report.

The plaintiffs include Delgado’s wife, Brittney Nova, his father, Michael Croce, and his mother, Tania Delgado. They claim that the Gray Star ignored wind and weather warnings at the time of the incident, resulting in unsecured debris that killed Delgado. Their lawsuit calls Gray Star’s actions “grossly negligent.”

The suit cites physical and psychological pain, loss of benefits, and emotional distress suffered by the plaintiffs. It also claimed that the victim’s family was entitled to punitive or exemplary damages due to Gray Star’s negligence. The lawsuit comes less than two months after a jury awarded $860 million to the family of a woman who was killed when a crane collapsed during a 2019 storm in Dallas. Gray Star was found responsible in the case.

Jason Itkin, an attorney representing Delgado’s family, said Gray Star continued to violate basic safety standards.

Gray Star was “objectively aware of the extreme risks posed by the circumstances that caused plaintiff’s loss, but failed to take any remedial steps,” the suit says. Its actions and omissions involved significant risk given the likelihood and extent of potential harm to plaintiffs and others. Defendant had a real, subjective perception of the risk and consciously ignored that risk. “

The family and lawyers want “answers from Gray Star and to make sure Gray Star takes steps to make sure this doesn’t happen again.”

According to the media report, the city of Austin has stepped up on-site surveillance and implemented multiple safety measures in response to the tragedy.

— Quinn Donoghue

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