NASHVILLE, Tenn. (WTVF) — A family who lives in Guatemala is suing several groups after their son, Denis Ba Che, fell through the roof of a school while working on a construction project.
The family is suing Metro Nashville Public Schools, Metro Government, Eskola LLC (contracting construction company), Jr. Roofing and Construction, and Builders Mutual Insurance Company for the death of their 20-year-old son.
What happened?
Denis came to Nashville looking for work to help his parents earn money back in Guatemala. the lawsuit says he knew little English, knew no one in Nashville and had no form of transportation, leaving him very vulnerable.
On October 12, Jr. Roofing Foreman picked up Denis at his apartment and dropped him off at Glencliff High School to work for the day, removing old damaged roofing from the exterior of the high school building.
On that day, 10 to 15 workers were sent to work for Eskola on the Glencliff High School site — they were supervised by an Eskola employee.
Metro Nashville Public Schools and Eskola didn’t let Denis and Jr. Roofing access the inside of the building. They would have seen obvious holes and fissures in the roof from "unrectified water damage," according to the lawsuit.
Denis unknowingly stepped on a concealed cavity onto the roof and fell through, bouncing off of air ducts and piping on his way down until he hit the gym floor — where he died. He was not wearing a harness and had no previous training.
What are they suing for?
Negligence, gross negligence — the lawsuit states that defendants owe a duty of care to provide a safe workplace and maintain it free of hazards, for all their employees, as well as assessing the roof beforehand, provide adequate training, communicate hazards, and follow all applicable laws and codes.
Negligence per SE — Denis was not paid fair wages for his hours, some children who were not permitted to work were working on the roof, and defendants are liable for the damages Denis suffered.
Fair Labor Standards Act, Unjust Enrichment, Civil Rights Violations based on Race Discrimination, and Discriminatory abuse of process are also in the suit.
You can read the full lawsuit complaint in this link.
Journalism is at its best when we can shine a light on an issue that needs more attention. Once again, Hannah McDonald does this beautifully by highlighting the hardships of teens aging out of the foster care system. I learned something new in her reporting and am inspired by the work I AM NEXT is doing to make a difference. I think you will be too!
-Carrie Sharp
