Joseph M. Bruno, Jr.

NEW ORLEANS – The child of a deceased man and her caregivers are suing a shoring company for alleged wrongful death.

Dilcia Figueroa Rodriguez of behalf of a minor child, Lauren Banessa Cardona Figueroa on behalf of the deceased Alexander Cardona filed suit against Fusion Construction, Inc., Underwriters at Lloyd's London and Design Engineering in the Orleans Parish Civil District Court on Sept. 18. The plaintiffs claim that Cardona was working on a job for Fusion Construction elevating a home located at 8001 Mercier St. in New Orleans when the home shifted and crushed him. Cardona allegedly died while pinned underneath the home. The plaintiffs claim that prior to the collapse cracks were identified in the foundation.

The defendant is accused of failing to properly analyze the risks associated with the elevation attempt, failing to heed warnings of risks, attempting to elevate the home despite knowing the home would collapse, failing to follow appropriate policies and procedures, failing to ensure safety of workers, failing to warn workers of hazardous and dangerous condition, failing to maintain the premises in a safe and hazard free condition, failing to properly maintain and inspect the corner slab, failing to see what should have been seen, failing to implement a collapse plan, failing to implement a shore plan, preparing an inadequate site for elevation, preparation of an inadequate safety plan, and acting with indifference onward the safety of others.

Damages in excess are sought for conscious pain and suffering and wrongful death.

The plaintiffs are represented by Joseph M. Bruno, Jr. of New Orleans-based Bruno & Bruno.

The case has been assigned to Division C Judge Sidney H. Cates, IV.

Case no. 2012-08879.

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