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Nueces County Jury finds homebuilder Mostaghasi Enterprises, Inc. and R & T Framing liable for gross negligence; jury awards $18M

Corpus Christi, Texas – November 3, 2022.  In a unanimous verdict, a Nueces County jury ruled in favor of plaintiff Chris Garza, awarding him $18 million in actual and exemplary damages. Mr. Garza was injured while working on a job site for the defendants, Mostaghasi Enterprises, Inc. (MEI) and Raul Salas d/b/a R & T Framing.

At the time of his catastrophic injury, Mr. Garza was acting as an employee of R & T Framing, who was acting as an agent of Mostaghasi Enterprise, Inc. MEI has been building and constructing homes for over three decades in Corpus Christi.

While installing a 200-pound structural beam, at the direction of R & T Framing, the beam became loose, causing Mr. Garza to fall from his ladder. The beam ultimately broke free because the nails used in the project, which were provided by MEI and put in the nail gun by R & T, were too short. As a result of the fall, Mr. Garza sustained serious injuries, including a compound fracture of his forearm, requiring 5 surgeries, as well as a skin graft.

The jury found that both parties were grossly and equally negligent in causing Mr. Garza’s injuries by failing to exercise ordinary care to protect Mr. Garza from danger. As a result, the jury awarded over $15 million in actual damages.

The court also found that both Mostaghasi Enterprises, Inc. and R & T Framing were grossly negligent, by clear and convincing evidence. The jury awarded an additional $2,000,000 against MEI and an additional $300,000 against R & T Framing.

Attorneys John C. Duff and Matthew S. Hull of Hilliard Law, along with Jared Perkins of Perkins & Perkins, represented Chris Garza.

“Mr. Garza’s injuries could have been prevented,” stated Mr. Duff, “had MEI and R & T Framing properly trained, supervised, and managed the job site and materials. Their failure to show ordinary care for their employee(s), puts all job sites in danger. For a homebuilder to have been in business, as long as MEI, there is no justification for their failure to supervise and provide a safe working environment with the appropriate materials to do the job.”

The court agreed, finding MEI and R & T Framing 90% responsible for this harm.

The case is Chris Garza vs. Mostaghasi Enterprises, Inc. and Raul Salas d/b/a R & T Framing;

Case Number 2014CCV-61767-3; in the County Court at Law Number 3, Nueces County, Texas.

 

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