San Antonio, TX
Injured in an Accident? Cesar Ornelas Law Can Help.
Demonte Fisher died in a work-related forklift accident in July of 2019. According to the San Antonio Fire Department, Demonte died after a forklift fell on top of him. He initially fell from the device and wound up pinned underneath the heavy machinery. The accident happened on Binz-Engleman Road on July 4, 2019.
Demonte’s father, Lloyd, filed a wrongful lawsuit against True Blue Granite, his son’s company. When asked recently about the status of his legal recourse, Lloyd said [that] “True Blue Granite has not paid me any money, not a dime.”
According to reports, Demonte’s former employer offered to pay for his funeral expenses. This offer was too little, too late, as his family had already buried their son. “I miss my son,” Lloyd Fisher shares with the world.
Lloyd Fisher received worker’s compensation benefits from his son’s death, which are set to last for two years following the accident. However, the Fisher family is on a larger quest and is seeking one million dollars from the lawsuit they filed with True Blue Granite. Unfortunately, the Fisher family finds themselves at a stall as they face Texas state law’s limitations.
Nuru Witherspoon, Fisher’s attorney, said, “In Texas, parents are not entitled to seek punitive damages for their losses,” Witherspoon said. “In other words, gross negligence claims are not available for parents based on these facts.”
The facts that Witherspoon highlights refer to whether Demonte was licensed or trained to drive a forklift in the first place.
“In Texas, parents are not entitled to seek punitive damages for their losses,” Witherspoon said. “In other words, gross negligence claims are not available for parents based on these facts.” Lloyd Fisher remains determined to move forward with the lawsuit, maintaining, “Even if I don’t win anything, I have to get this law changed. That will give me peace.”
The Occupational Safety and Health Administration fined True Blue Granite over $22,000 for the incident. Lloyd Fisher commented on this by saying, “All that grieving parents get is more grief.”
Fisher wants to continue his fight to get punitive damages for his son’s 2019 death on the job. His loss has inspired him to fight for parents across Texas who have faced similar difficulties and obstacles after losing a child due to a workplace incident. “I just want them to know this fight is not over, not at all,” Lloyd said.
His first step in his fight for change is creating a picket line in front of True Blue Granite, where his son lost his life, on April 16.
“I have to see this through,” he said.
Workplace Injury Resources
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