Harris County Jury Awards Family $10.5M Against BASF In Fatal Accident

HOUSTON, Nov. 7, 2022 /PRNewswire/ -- On Friday November 4, a Harris County jury awarded $10.5M to plaintiffs Melissa Garcia, individually and as representative of the Estate of Oberlin Garcia, Deceased, and Amy Garcia Morales, Conrado Garcia, and Oberlin Garcia, Jr.. Attorneys Alex Hilliard, Michael Richardson and Jessi Pritchett of Hilliard Martinez Gonzales LLP, along with Scott West of the West Law Firm, represented the family.

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This case arises from the tragic death of Oberlin Garcia, a Service Transport commercial truck driver, who sustained catastrophic injuries from a fall while making a delivery at BASF's chemical facility in Livonia, Michigan. Mr. Garcia arrived at the facility on May 16, 2016, to deliver a load of hazardous chemicals. Upon arrival, BASF personnel instructed Mr. Garcia to climb to the top of the tanker and open the "crash box" in the parking lot area of the facility. Following BASF's order, Mr. Garcia ascended the ladder on the side of the tanker. Once at the top, Mr. Garcia reached toward the "crash box" lid while holding onto an extension of the ladder. As he was transitioning from the ladder to the top of the tanker, Mr. Garcia's right foot suddenly slipped, causing him to fall over ten (10) feet before crashing onto the parking lot pavement. As a result, Mr. Garcia sustained severe and catastrophic injuries which ultimately led to his tragic and untimely death.

Attorneys for the family asserted that BASF was negligent in creating an unsafe work environment that created an unreasonable risk of harm, and that BASF was negligent in failing to provide adequate safety policies and procedures. Further, based on previous similar incidents, BASF knew or should have known of the danger, attorneys alleged. The jury agreed, finding BASF 100% at fault for Mr. Garcia's tragic accident.

Attorney Hilliard stated, "This accident could have been prevented. BASF was aware of similar accidents occurring at this facility but continued to allow dangerous conditions to exist. They failed to take the necessary steps to protect Mr. Garcia, and as a result, the family lost a beloved father and husband."

The case is Melissa Garcia, Individually and as Representative of the Estate of Oberlin Garcia, Deceased, and Amy Garcia Morales and Conrado Garcia, Oberlin Garcia Jr., Individually v. BASF Corporation, Cause No. 201823951, in the 189^th Judicial District, Harris County, Texas.

Since 1986 Hilliard Martinez Gonzales LLP (HMG) has been successfully representing clients in the United States and Mexico.  Our experienced, tenacious legal team has earned a national and international reputation for going head-to-head with large, powerful companies, bringing them to justice for causing personal injury or wrongful death. Our reputation is so well known that often a corporation will agree to a fair settlement rather than go to court against us.

We believe that Justice does not fight for itself.  It demands the strength and commitment and power of strong advocates to protect the unprotected. If a just settlement cannot be obtained, our Trial Attorneys are prepared to go to trial to ensure those injured by negligence obtain rightful compensation. At trial, we will focus on you and your story, explaining your experience to the jury in a way that makes it clear to them what you have suffered and how the responsible party wronged you. We apply this simple, powerful approach when advocating for you.  

By standing strong in our fierce pursuit of economic and social justice for our clients, we have achieved significant results and secured us a position in the Texas Verdicts Hall of Fame. We have won numerous multi-million dollar settlements, including recently obtaining $90M in 5 months.  Our dedicated advocacy, experience, drive and grit have helped our clients obtain justice and secure a better future.

HMG attorneys have received numerous awards and accolades, including12 attorneys named as Super Lawyers/Rising Stars, and the firm is recognized as a US News Best Law Firm. Founding partner Robert C. Hilliard was named Corpus Christi's 2021 Lawyer of the Year, as well as the 2017 Elite Trial Attorney of the Year (Public Justice) and the 2016 Elite Trial Attorney of the Year (Product Liability) by the National Law Journal. He is also double certified by the Texas Board of Legal Specialization. Fewer than 1% of Texas attorneys are double certified.

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Contact: Jennifer Dolan
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SOURCE Hilliard Martinez Gonzales LLP