The family of 43-year-old Jose Rolando Aguirre has filed a lawsuit in the Lubbock County District Court against the owner of the Park Tower Apartments seeking one million dollars in damages.
Aguirre was electrocuted at the Park Tower Apartments on April 10.
The lawsuit states, "Jose Rolando Aguirre was going about his duties as an employee of the Park Tower Apartments located at 1617 27th Street in Lubbock, Lubbock County, Texas. Upon information and belief, Jose Rolando Aguirre was working alone on the ninth floor while another Park Tower employee on the thirteenth floor fed him a fishing line in preparation to run the wiring system. At some point Jose Rolando Aguirre was electrocuted."
The document goes on to say that some tenants were "startled by what they thought was an explosion" and "rushed out of their apartments to find Jose Rolando Auguirre lying on the ground smoldering and struggling for breath."
The documents say Aguirre entered the building with the knowledge of the Defendant, the building's owner Carter E. Stanley, and that he "Knew or reasonably should have known of this danger. Defendant Park Towers and Defendant Carter E. Stanley breached their duty of ordinary care by failing to adequately warn the decedent Jose Rolando Aguirre of the dangerous condition, or by failing to make the dangerous condition reasonably safe. As a result, the Defendants' breach proximately caused decedent Jose Rolando Aguirre's injury, suffering and ultimately his death, for which Defendants are liable to the Plaintiff."
The family says that Aguirre's death was the result of "Defendants' ongoing negligent activity on the premises at the time of his injury, not a condition of the premises," and that Stanley breached a legal duty, "When they instructed and allowed untrained employees to run electrical wires and operate in close proximity to electrical transformers, without first shutting off power to the premises."
The lawsuit also accuses Stanley of negligent hiring, "By failing to hire employees and/or retain employees who had the requisite experience to install electrical wiring and work around electrical conduits and transformers."
Some of the damages listed for the Plaintiff Jackie Aguirre in the lawsuit include funeral expenses, loss of advice of counsel, loss of spouse's service, mental anguish and loss of inheritance. There are also damages sustained by her late husband Jose Rolando Aguirre and their son Jose Angel Aguirre. There are also Exemplary Damages listed.
Carter Stanley gave us this statement: "I can't comment as to the lawsuit specifically, I have limited ability to talk about it, but we are all saddened by what happened and we have taken measures to make sure that type of thing doesn't happen again."
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