By Mark Reagan
Brownsville Herald
Staff Writer
Three Matamoros residents and a Brownsville resident are suing the City of Brownsville and the organizers of a binational race in March where a metal scaffold with a start banner fell into the crowd without warning for $1 million or more in damages.
Daniel Reglado, individually and as next of friend of D.A.R., a minor, and Cecilia P. Alonso, all of Matamoros, along with Brownsville resident Sylvia Vela, filed the lawsuit on Dec. 19 against Fundacion Teleton USA, Sistema Infantial Teleton USA, Sabas Lopez Jr. doing business as SRS Advertising and DG Entertainment, and the City of Brownsville.
The accident happened at the beginning of the Bi-National 10K & 5K Run, which started on the University of Texas Rio Grande Valley campus, when the metal structure fell striking multiple people.
(In March, El Rrun-Rrun published a post on the accident and identified the city worker said to have instructed the promoters to install a banner. We said:
"City crews under the direction of City of Brownsville Government Affairs Liaison Ramiro Gonzalez arrived with city workers and he directed them to place a large "start" banner on the structure.
According to the lawsuit, SRS Advertising and DG Entertainment was instructed to install the trusses and signage that fell and struck the plaintiffs.
Michael J. Blanchard, a San Antonio-based attorney who filed the lawsuit, argues in the litigation that the City of Brownsville is liable because Reglado, the minor, Alonso and Vela's injuries were caused by the trusses and signage that were allegedly set up in a manner that posed an unreasonable risk of which the city had actual knowledge.
"The City, moreover, only has immunity for its governmental acts," the lawsuit states. "The City's joint sponsorship and hosting of the race event was not a governmental act."
According to the lawsuit, a city employee installed the trusses and signage that fell.
"While acting within the scope of his or her employment, a City employee used the truss and signage to conduct the race event at issue in this lawsuit," the litigation states. "The use was negligent in that the use caused the trusses and signage to fall, prxoimately causing injuries and damages to Plaintiffs."
Reglado, the minor, Alonso and Vela further allege that Teleton and the City breached their duties by selecting "an incompetent person to install."
To read rest of article click on link: https://www.brownsvilleherald.com/news/local/four-injured-in-bi-national-race-sue/article_e8b7d0dc-091d-11e9-a22a-2b3a9ed87922.html
Three Matamoros residents and a Brownsville resident are suing the City of Brownsville and the organizers of a binational race in March where a metal scaffold with a start banner fell into the crowd without warning for $1 million or more in damages.
Daniel Reglado, individually and as next of friend of D.A.R., a minor, and Cecilia P. Alonso, all of Matamoros, along with Brownsville resident Sylvia Vela, filed the lawsuit on Dec. 19 against Fundacion Teleton USA, Sistema Infantial Teleton USA, Sabas Lopez Jr. doing business as SRS Advertising and DG Entertainment, and the City of Brownsville.
The accident happened at the beginning of the Bi-National 10K & 5K Run, which started on the University of Texas Rio Grande Valley campus, when the metal structure fell striking multiple people.
(In March, El Rrun-Rrun published a post on the accident and identified the city worker said to have instructed the promoters to install a banner. We said:
"City crews under the direction of City of Brownsville Government Affairs Liaison Ramiro Gonzalez arrived with city workers and he directed them to place a large "start" banner on the structure.
And as the morning wore on, the wind began to blow stronger. The National Weather Service reported that before daybreak the wind speed was 21 miles per hour and increasing as daybreak approached. At race time, it is estimated that it had increased to more than 3 miles and hour. On that day, gusts reached speeds of nearly 42 miles per hour.
If there had been no banner installed on the scaffolding, workers believe, it would not have collapsed.
Instead, the wind gusts caught the "start" sign installed at Gonzalez's directions and several people were injured when it collapsed.
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"It might as well have been a sail," said one of the runners. It was just too windy to have placed it then. There really was no need for it."
Local media reported that several runners said the metal structure fell as the race was about to begin.")
According to the lawsuit, SRS Advertising and DG Entertainment was instructed to install the trusses and signage that fell and struck the plaintiffs.
Michael J. Blanchard, a San Antonio-based attorney who filed the lawsuit, argues in the litigation that the City of Brownsville is liable because Reglado, the minor, Alonso and Vela's injuries were caused by the trusses and signage that were allegedly set up in a manner that posed an unreasonable risk of which the city had actual knowledge.
"The City, moreover, only has immunity for its governmental acts," the lawsuit states. "The City's joint sponsorship and hosting of the race event was not a governmental act."
According to the lawsuit, a city employee installed the trusses and signage that fell.
"While acting within the scope of his or her employment, a City employee used the truss and signage to conduct the race event at issue in this lawsuit," the litigation states. "The use was negligent in that the use caused the trusses and signage to fall, prxoimately causing injuries and damages to Plaintiffs."
Reglado, the minor, Alonso and Vela further allege that Teleton and the City breached their duties by selecting "an incompetent person to install."
To read rest of article click on link: https://www.brownsvilleherald.com/news/local/four-injured-in-bi-national-race-sue/article_e8b7d0dc-091d-11e9-a22a-2b3a9ed87922.html