Baylor, contractors ordered to preserve evidence in fatal accident case
A judge Wednesday ordered Baylor University as well as companies that are building Baylor��s new on-campus football stadium to preserve evidence, including possible video recordings, from a car accident that claimed living of any hard hat last month.
But there is confusion Wednesday afternoon regardless of if the judge meant for the order to prevent all construction on McLane Stadium until Vujasinovic can inspect the internet site or only on the day on the inspection.
Meyer, who was traveling Wednesday afternoon, has scheduled a cell phone conference for Thursday morning with attorneys mixed up in case to clarify a number of the language inside the order, including confusion about the strike.
Judge Jim Meyer of Waco��s 170th State District Court issued a brief restraining order against Baylor, Derr and Isbell Construction and Flintco for the request of Jose Dario Suarez��s wife and also daughters.
The judge��s order said Vuk Vujasinovic, the Houston attorney who represents the Suarez family, can inspect the development site Tuesday during his investigation into Suarez��s death.
��We just became alert to this so we are trying to get clarification with the order,�� Baylor spokeswoman Lori Fogleman said.
Workers continued to develop the modern football stadium and bridge Tuesday afternoon.
An attorney at law for Baylor along with the construction companies failed to return phone messages Tuesday afternoon.
An order also requires Baylor as well as the construction machinery companies to preserve ��material evidence,�� including a videotape chronicling the building process, which Vujasinovic claims was in jeopardy to be ��discarded, altered or destroyed.��
The transaction also restrains Baylor along with the companies from damaging, modifying, altering or dumping construction equipments and tools involved in the accident; clothing and protective equipment worn by Suarez; and various documentation concerning the companies�� employment and safety practices.
The incident
Divers found his body still strapped to the lift about four hours later.
The Occupational Safety and Health Administration is investigating the accident but has never released its report.
��Nobody has told Mr. Suarez��s surviving wife, children or mother why Mr. Suarez drowned about this job,�� Vujasinovic said in the statement.
��For making matters worse, no construction companies have released their investigation results. Instead, it seems that after OSHA left the area, the football stadium construction activities resumed.��
Suarez, 55, of Manor, drowned Jan. 28 after a hydraulic lift he and another hard hat were strapped to slipped or rolled at a barge into your Brazos River.
Suarez and another man were implementing the overcrossing within the Brazos River that will link the modern stadium to campus just behind Baylor Law School. Another man was able to untether himself following the lift went in to the river, but Suarez wasn’t.