Family of worker who died in scaffolding collapse in Dilworth files lawsuit

CHARLOTTE — The family of one of the workers killed in a deadly scaffolding collapse in Dilworth is now suing the companies and contractors involved.

José Canaca, Jesús Olivares, and Gilberto Fernández fell 70 feet and died on Jan. 2 at an apartment complex construction site on East Morehead Street.

Channel 9′s partners at the Charlotte Observer are reporting that Olivares’ siblings are suing over gross negligence. The lawsuit claims that pieces of the steel scaffolding were heavily rusted and deteriorated. The suit also claims that none of the site’s contractors inspected the equipment or confirmed it could hold the 1,700 pounds on top of it.

The lawsuit includes general contractors Lithko Contracting, Hanover R.S. East Construction, scaffolding manufacturer Hydro Mobile and Matthews subcontractor Old North State Masonry — demonstrated “gross negligence” by failing to protect workers from known hazards, the Observer is reporting.

The North Carolina Department of Labor began investigating what led to the collapse and released a report of violations in June, as we previously reported.

The Department of Labor found six violations against Old North State Masonry.

• Item 1. The climbing scaffold wasn’t capable of supporting its own weight and four times the maximum load because the bridge section was assembled “in a configuration different from the approved engineering drawings.”
• Item 2. The insert sections on the climbing scaffold were installed in both parallel and perpendicular directions, instead of in a parallel-only direction as designed.
• Item 3. The bearing bridge didn’t have the special reinforcing kit that was required by the manufacturer.
• Item 4. The scaffolding wasn’t tested and re-tested after 10 years, as required.
• Item 5. The scaffolding and scaffolding components weren’t inspected for visible defects before each work shift.
• Item 6. Parts of the scaffold were heavily rusted and deteriorated, “affecting both the structural integrity and strength of the scaffold.”

Friends Masonry Construction LLC was also found in violation of items 1, 5, and 6.

The Department of Labor says the two companies have reportedly corrected all of the items.

According to the report, the Department of Labor is proposing a $14,502 penalty for each item in the citation. That works out to a $87,012 fine for Old North State Masonry and $43,506 for Friends Masonry Construction.

None of the companies being sued responded to the Observer’s request for comment.

(WATCH BELOW: Serious violations found at site of deadly scaffolding collapse in Dilworth)

Serious violations found at site of deadly scaffolding collapse in Dilworth

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