AUSTIN, Texas — The family of a man killed by fallen construction debris while cycling in West Campus has filed a lawsuit against the construction company involved.
In March, a large piece of debris from a Greystar apartment construction site near the intersection of 24th and Rio Grande streets hit and killed 29-year-old Michael Delgado while he was on his bike.
After Delgado's death, Greystar said its thoughts were with the Delgado family and that the company had reached out to the family's attorney to offer assistance. Greystar also said it had been cooperating with authorities in the investigation.
In a statement, Greystar said:
“Our thoughts remain with Mr. Delgado’s family. We have been in communication with the family’s attorneys, and continue to hope for constructive dialogue with them. We are reviewing their filing now and will respond as appropriate through the correct channels.”
Lawyers for the Delgado family said in April that they would be filing a lawsuit against Greystar, claiming negligence at the site. Now that lawsuit has been filed in a Dallas County court.
The plaintiffs in the lawsuit are Michael Delgado's wife, Brittney Nova; his father, Michael Croce; and his mother, Tanya Delgado. The defendant is Greystar Development & Construction, LP and its affiliates.
The lawsuit claims that the debris that hit Delgado was unsecured "despite the fact that there was a wind and weather advisory in place at the time of the incident." The lawsuit claims Greystar ignored those warnings and failed to take precautions, acting in a way that was negligent and grossly negligent.
The lawsuit states that the plaintiffs have suffered, amongst other things, physical and mental pain and suffering, loss of fringe benefits and emotional distress. It also states that the plaintiffs are entitled to punitive and/or exemplary damages because of Greystar's alleged "grossly negligent" actions.
"Defendants were objectively aware of the extreme risk posed by the conditions which caused Plaintiffs' damages but did nothing to rectify them. Defendants' acts and omissions involved an extreme degree of risk considering the probability and magnitude of potential harm to plaintiffs and others. Defendants had actual, subjective awareness of the risk, and consciously disregarded such risk," the lawsuit reads in part.
The attorneys representing Michael Delgado's family released these statements:
“Greystar continues to violate basic safety standards and common sense when it comes to making sure its construction sites are secured for bad weather. Greystar’s systemic failures first came to light in Dallas with a tragic crane collapse that killed Kiersten Smith and now in Austin when falling debris killed Michael Delgado. Greystar needs to change the way it values human life."
Jason Itkin of Arnold & Itkin, attorney for the family of Michael Delgado
“Filing this lawsuit allows us to get answers from Greystar and make sure that Greystar takes steps to ensure this never happens again. Michael was a devoted husband, hard worker, and loved spending time with his daughter. His death did not have to happen."
Attorney Mark Farris of Fogelman & Von Flatern represents Michael’s family as co-counsel
Since Michael Delgado's death, the City of Austin has said it has increased site monitoring and facilitated multiple safety changes at the construction site. The City said in April that it planned to roll out a citywide construction safety campaign soon.
An Austin Ghost Bike memorial was placed at the Shell gas station on the corner of Rio Grande and 24th streets in April, to honor Michael Delgado.