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Surviving Victim Of Construction Collapse Files Lawsuit

POSTED: 7:49 pm EDT May 9, 2006
UPDATED: 12:24 am EDT May 10, 2006

The sole survivor of a construction collapse is filing a civil lawsuit against the general contracting company.

Three workers were killed when the roof of a highrise construction site in Bal Harbour collapsed on Saturday, authorities said. Another worker, Cornelio Ruiz, was injured in the incident.

Images | Previous Images | Construction Accident Kills 3, Injures 1

Ruiz, 64, remains hospitalized at Mount Sinai Medical Center with injuries to his head, neck and both of his legs.

"He was buried in the cement. It had to be chipped out of his mouth and nose," said Stuart Grossman, Ruiz's attorney. "And somehow, he managed to grab onto one of the braces . . . that was holding up the ceiling, and literally was able to pull himself up through the concrete and elevate his head."

In the civil lawsuit, Ruiz's attorney blames general contractors Boran, Craig, Barber, Engel Construction Co.'s alleged carelessness.

"The inspection wasn't appropriate. That is, the pre-pour inspection. There is no way this area could have withstood the weight of the concrete," Grossman said.

The lawsuit refutes initial accounts that the victims fell to the 26th floor below.

"What really occurred is that he was on the 26th floor below the roof, below the pour, and that was allowed to collapse on him and on his fellow workers," Grossman said.

Miami-Dade County homicide detectives are investigating whether criminal negligence caused the incident, and federal investigators with the Occupational Safety and Health Administration are also looking into the incident.

It could be weeks before the federal and Miami-Dade County investigators complete their investigation.

Grossman said more defendants would probably be named in the civil suit.


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