The family of a construction worker killed after a wall collapsed on him in El Cajon is fighting with the construction company it claims is responsible for his death, according to documents obtained by NBC 7.
The family of Fernando Martinez filed a lawsuit against construction corporation, Kunzik & Sara Construction Inc. in late June, claiming the corporation was negligent, and that the family has suffered emotional and financial damage. It's charging the company with negligence, "willful failure to warn," and "dangerous condition of public property."
Martinez, 51, was digging a trench with another worker at the site of a new car dealership when, shortly after 12 p.m., the wall collapsed onto the pair. It was estimated to weigh between 5,000 to 6,000 pounds
In response to the complaint, Kunzik & Sara Construction denied all allegations, claiming the family has not been financially damaged, that the family failed to state facts sufficient to constitute any cause of action, and that the family "failed to mitigate" damages.
The company's response was filed nearly two months after the family filed litigation, on Aug. 18.
One worker managed to escape and suffered non life-threatening injuries.
However, the wall toppled onto Martinez, trapping him underneath.
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An hours-long rescue effort turned into a recovery effort, and rescue crews pulled out Martinez's body. Cal/Occupational Safety and Health Administration (OSHA) has opened an investigation into the fatal accident.
It is unclear when the next court proceeding will be between the family and Kunzik & Sara Construction.
The family is asking for compensation, with no set amount.
NBC 7 has been working closely with the Occupational Health and Safety Administration (OSHA). OSHA is currently investigating both Kunzik & Sara Construction, and Southland Paving, a subcontractor of the company.
OSHA officials say the investigation should be complete by late October.
