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Family Of Construction Worker To File Lawsuit In Workplace Accident Death

A lawsuit will be filed by family of man killed in workplace accident on site of Upper Narrows Pipeline Replacement Project in Victor Valley.

David Padilla, 38, was killed on June 24, 2015, when the 25-ton winch he was operating malfunctioned, catapulting him and the winch across a shored pit. Padilla's two young daughters have retained noted trial attorneys Michael Alder of AlderLaw PC and Reza Torkzadeh of The Torkzadeh Law Firm to investigate the circumstances leading to their father's death.

Based on Alder's and Torkzadeh's investigation, it appears that Mr. Padilla was working for FoxFire Contractors, Inc., on a project to replace a pipe that had been damaged. At the time of the workplace accident, Mr. Padilla and other workers were removing a large piece of a micro-tunneling machine from a tunnel when the winch being operated by Mr. Padilla broke loose. Both the winch and Mr. Padilla ended up at the tunnel entrance, killing Mr. Padilla. Attorney Reza Torkzadeh has been in touch with officials from OSHA but says the family will have to file a lawsuit to obtain all the answers they need. "This is something that never should have happened," says attorney Michael Alder. "Two young girls have been left without a father due to what appears to be gross negligence at a dangerous work site." The Upper Narrows Pipeline Replacement Project is operated by the Victor Valley Wastewater Reclamation Authority (VVWRA). According to the VVWRA's website, the goal of the Project is to bring wastewater from Hesperia through a large pipe being drilled through the Upper Narrows in order for VVWRA to clean and purify the water before reusing it or returning it to the Mojave River. The contract for the Upper Narrows Pipeline Replacement Project was awarded to James W. Fowler Co. in January 2014 with a scheduled completion date of mid-2015. As part of the Project, workers use a specially made 84" tunnel boring machine to carve an 1800' long tunnel through solid rock underneath the hillside. In June 2015, VVWRA noted on its website that crews had been "working hard to remove the tunnel boring equipment to prepare for installation of the large pipe within the tunnel." Attorney Torkzadeh says it appears that the contractor, James W. Fowler Co., put timely completion of the project ahead of workplace safety. Attorneys Alder and Torkzadeh plan to file suit in the Superior Court of San Bernardino County. Originally posted by The Torkzadeh Law Firm on Workplace Accident - Ball & Bonholtzer Trial Attorney - Los Angeles  

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