Council to vote on payment for wrongful death

City Council is scheduled to vote today on paying the plaintiffs more than $3 million in a wrongful death case brought by the mother of a child whose father died while working a construction job in Austin.

Jaime Membreno, a 26-year-old citizen of El Salvador, died in 2009 when he touched one of Austin Energy’s overhead power lines, according to an opinion from Travis County District Judge Eric Shepperd. After Membreno died, his common-law wife, Maria Del Rosario Membreno Lopez, gave birth to his son in El Salvador.

In 2015, Maria filed suit on behalf of her son alleging that Austin Energy “failed to use reasonable care to safely operate and maintain the electric-distribution system and its overhead distribution lines and poles in particular.” She also sued the contractor and the owner of the building under construction.

There was evidence that the contractor and building owner failed to give the city notice that construction would be occurring on the side of the building near the power line and that they violated the Texas Health and Safety Code. The court found that the deceased was 10 percent liable. The owner of the nightclub being refurbished, Saljar Inc. d/b/a OK Corral Night Club, and the contractor were found 30 percent and 34 percent liable, respectively, and the total amount of damages was set at more than $9.3 million.

According to the 3rd Court of Appeals opinion, the jury assigned 26 percent of the liability for the death to Austin Energy. After interest and costs, the amount due now adds up to more than $3 million. The city appealed to both the appellate court and the Texas Supreme Court, which rejected the appeals.