M Construction Ltd. was doing utility construction, including digging a 9-foot trench to place pipes in the ground. The company’s foreman instructed employees to enter the trench to dig under a pipe.
The unprotected trench collapsed, killing Rigoberto Tovar, an M Construction employee. He was just 25 years old and was survived by his wife and stepdaughter.
Tovar’s wife, individually and on behalf of his estate, sued M Construction Ltd., alleging it negligently ordered its employees to work in an unprotected trench and chose not to properly train workers on trench safety.