Family Of Man Killed In Tragic Workplace Accident Files Suit Against Employer, Shredder Manufacturer

On behalf of the family of Ismael Tellez, workplace injury lawyer Benny Agosto, Jr. of the Houston law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, has filed a lawsuit against Consolidated Distributors and RecycleTech Corporation. Through the lawsuit, Mr. Agosto asserts that the negligence of both businesses caused or contributed to the tragic death of Mr. Tellez.

A husband and father, Mr. Tellez left behind a wife and three minor children after he was fatally injured while working with a RecycleTech XT200 at Consolidated Distributors, Inc. Consolidated Distributors was a non-subscriber to the Texas Workers’ compensation insurance program, forcing Mr. Tellez’s family to file suit to recover benefits.

According to the Medical Examiner, Ismael Tellez was killed by multiple blunt forces to his body. While using the machine for the purpose it was intended, Mr. Tellez suffered a skull fracture and the loss of one arm, in addition to other injuries. There was nothing that he could do to save himself from the dangerously-designed shredding machine.

Through a series of errors, omissions or missteps, the preventable workplace death of Mr. Tellez was allowed to occur. The addition of warnings, a safety shut off, or a guard panel covering the machine’s shoot could have saved Mr. Tellez, as could have sufficient training and machine usage protocols, among other safety precautions. Mr. Agosto seeks to hold Consolidated Distributors and RecycleTech responsible for the multitude of legal failures that ultimately led to Mr. Tellez’s death, including:

  • Failure to maintain a safe workplace
  • Failure to train
  • Failure to inspect
  • Failure to warn
  • Failure to manufacture a safe product

Mr. Agosto asserts that because of the failures by defendants, Mrs. Tellez and their three children have been unfairly robbed of the companionship of Mr. Tellez. In addition, the family has lost an essential source of income while being forced to deal with an immense amount of grief, all due to the negligence of Consolidated and the defective product manufactured by RecycleTech.

The wrongful death suit was filed in District Court in Harris County.

Houston lawyer Benny Agosto, Jr. has built his legal career fighting for the underdog and he continues that fight with this most-recent workplace injury filing. He is a partner at the Texas personal injury law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, a firm dedicated to the rights of injury victims and their families throughout Texas.

To learn more about Mr. Agosto or any of the personal injury attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, please visit peruse our website.