Rosenblum & Reisman In The News
Lawsuits Filed in Forum Death - Victim's Wife Alleges Discrimination By Contractors
The Commercial Appeal, June, 05 2004
Written by Shirley Downing
Wrongful death, civil rights and workers' compensation lawsuits were filed Friday in connection with a 2003 accident at the FedExForum construction site in which one man died and another was seriously injured.
One lawsuit was filed in Circuit Court by Brenda Medrano, administrator of the estate of Rogelio Galvan, who died in a fall at the work site on June 5, 2003. A second lawsuit was filed in U.S. District Court by Medrano and Jose Ruben Lara Buendia, a construction worker injured in the accident.
The federal lawsuit names defendants M. A. Mortenson Co., the lead general contractor, and MCDR, the local general contractor. The complaint alleges the companies paid Hispanic workers less than white workers performing the same work.
"These allegations are false," said John Wood, senior
Wrongful death, civil rights and workers' compensation lawsuits were filed Friday in connection with a 2003 accident at the FedExForum construction site in which one man died and another was seriously injured.
One lawsuit was filed in Circuit Court by Brenda Medrano, administrator of the estate of Rogelio Galvan, who died in a fall at the work site on June 5, 2003. A second lawsuit was filed in U.S. District Court by Medrano and Jose Ruben Lara Buendia, a construction worker injured in the accident.
The federal lawsuit names defendants M. A. Mortenson Co., the lead general contractor, and MCDR, the local general contractor. The complaint alleges the companies paid Hispanic workers less than white workers performing the same work.
"These allegations are false," said John Wood, senior vice president for Mortenson in Minneapolis.
Wood said he had not seen the lawsuits but said the charges read to him were similar to those filed in a recent claim to the Equal Employment Opportunity Commission. "We have denied all allegations of discrimination filed with the EEOC," he said.
David Bennett, executive director of the New Memphis Arena Public Building Authority, had no comment because he had not seen the lawsuits.
Attorney Jeffrey Rosenblum, who represents both families, said on the day of the accident Galvan and Buendia were ordered to climb a scaffold after white workers had refused. A supervisor told Galva and Buendia they would be dismissed if they refused, the lawsuit says.
The lawsuit said Mortenson "held itself out as maintaining a safe work environment and was negligent in doing so in this instance. Defendant Mortenson's failure to maintain a safe work environment for the decedent resulted in the decedent's death and serious injuries to Plaintiff Buendia."
The lawsuit also alleges negligence and violation of state safety laws.
The Circuit Court claim against MCDR says Medrano was Galvan's common law wife and the mother of the couple's daughter, Flor Carolina Martinez Medrano. The lawsuit said MCDR had stopped paying workers' compensation benefits after Galvan's death and "has refused to fairly compensate her for this tragic loss."