Firms sued over death — company says worker was under the influence

Wednesday, Aug. 2, 2000 | 10:30 a.m.

The family of Pedro Matute, a carpenter, sued Robert V. Jones Corp. and Robert Dillon Framing Inc. of Las Vegas, alleging their negligence caused his death.

In a Clark County District Court lawsuit, Matute's wife Lucia and son Fabiola alleged the defendants' failure to implement safety procedures at a worksite at Canyon Creek West Homes caused him to fall 10 feet to his death on July 4, 1998.

The suit said Matute, who was assigned with another co-worker to install 12 trusses, was trying to lift and secure the trusses when other trusses previously positioned began to collapse. The work required four workers but only two, including Matute, showed up, the suit said.

The suit said Matute's co-worker was able to get out of the way of the collapsing trusses but Matute was allegedly pushed over by the trusses' weight or caused to lose his balance while trying to escape.

But Trish Dillon, secretary-treasurer of Robert Dillon, disputed the allegations. "Matute was tested positive by the coroner's office for marijuana and alcohol ... It was Fourth of July and he had drunk some beer and had some marijuana."

"We ran the report through Employers Insurance of Nevada and OSHA and they found that, trained or not trained, no one could have functioned walking two by fours" at a height of 10 feet trying to install trusses in such a state, she said.

"If they were walking on the ground, drank beer and had marijuana, and a piece of plywood hit them, then they would be paid for by workers' compensation," she said. "But the law says employers' compensation doesn't cover accidents caused by alcohol and drug usage during work."