Tammy Holt Secures Reversal of a Summary Judgment in Fatal Construction Equipment Case

DPS attorney Tammy Holt recently secured a significant appellate victory in a wrongful death case arising from a fatal construction-site incident, convincing the Corpus Christi Court of Appeals to reverse a summary judgment dismissal and remand the case for trial.

The case stems from the July 2020 death of Francisco Hernandez Sr., who was working at a construction site in a homemade “man basket” attached to a forklift and then lifted approximately 18 feet in the air to allow him to work on the roof of a building. Hernandez died after the basket dislodged, causing him to fall to his death.

Investigators determined that the basket had been crudely constructed from plywood and scrap materials, was not approved for use with the forklift, and had not been properly secured on the day of the incident.

The equipment rental company and general contractor sought to place sole responsibility on the alleged negligent operation of the forklift. In September 2024, both defendants obtained summary dismissal of the claims.

On appeal, Holt successfully argued that Texas does recognize a claim for negligent entrustment of industrial equipment, including forklifts, and that the trial court erred in dismissing negligent entrustment and gross negligence claims because sufficient evidence existed for a jury to consider whether the defendants’ negligence contributed to the fatal incident. The Corpus Christi Court of Appeals agreed, sending the case back to the trial court for further proceedings.

The case is Francisco Hernandez Jr., Individually and as Representative of the Estate of Francisco Hernandez Sr., Deceased and Simon Hernandez v. Seymour Construction, LLC and Blake Bertling Equipment Rental, LLC, Case No. 13-25-00255-CV, onappeal from 267th District Court of De Witt County.

Congratulations Tammy and the Durham, Pittard & Spalding team and Steve Dummitt and Landon Hays of The Carlson Law Firm.