'An immense tragedy': Family of man who died in B.C. workplace accident awarded $875K

One worker is dead and another has been rushed to hospital after a construction accident in Chilliwack, B.C. March 11, 2016. (CTV News).

The surviving family of a young man who died when he was crushed by a cement-pumping truck at a work site was awarded $875,000 by a B.C. court Monday, with the judge describing their loss as an "immense tragedy."

Sebastian Gomez was 24 when he died, the court heard. He was married and the father of two children under the age of three. His parents had recently moved to Vancouver from Colombia and were living with the young family.

THE FATAL ACCIDENT

In 2016, Gomez was working at a townhouse site where "a tragic construction accident left one worker dead, another paralyzed, and three others claiming psychological trauma," Justice F. Matthew Kirchner's decision begins.

The lawsuit was brought by Gomez' widow, Mariana Valencia-Palaciao, on behalf of herself, her children, and Gomez' parents. The family was suing for "loss of financial support; loss of guidance for the children; loss of inheritance; loss of household support; and special damages," court documents show.

The company that manufactured the concrete pumping truck, KCP Heavy Industries Co. Ltd. never filed a statement of defence and was found liable.

Kirchner's judgment details what went wrong on the day Gomez died.

"To reach the far corners of the site, concrete was pumped from a 12-wheeled truck through a hose attached to mobile metal boom. To counteract the weight of its outstretched boom, the pump truck was stabilized by four outrigger legs," court documents say.

"Without warning, a steel collar-plate securing one of the legs on the truck fractured. The outrigger buckled and collapsed, removing a critical support from the boom above. The boom, laden with liquid concrete, levered the truck into the air as it fell until the truck balanced only on its front right tire. The boom dropped on to (the two men) who were working below."

DEVOTED YOUNG FATHER

In assessing damages, the judge's decision paints a picture of Gomez' life and his relationship with his family.

Originally from Colombia, he moved to Canada when he was 16 in 2007. Two years later, he met Valencia-Palaciao, who told the court that the teens "immediately fell in love."

The young couple had two children in 2013 and 2014 respectively -- a boy named Juan-Diego and a girl named Alicia. Valencia-Palaciao says even though they were young, they were "really in love and felt (they) were able to bring a family up.”

Gomez was described as "extremely proud and delighted" when his son was born and his family said he called his daughter "la reina de mi Corazon,” which translates to the queen of my heart.

"The loss was an immense tragedy for the young family. Though very young at the time of the accident, the children remember their dad fondly. They keep pictures of him in their rooms and speak often of him to Ms. Valancia-Palaciao," the judge wrote.

"In the days after the accident, Juan Diego would continue to go to the window at the end of the day when he heard a car in the hopes that it would be his dad returning from work."

Gomez was dedicated to making sure his children had financial security and enough money to pursue university educations, the court heard.

"His own family struggled somewhat financially as he was growing up and he wanted their kids to have better opportunities than he had," the decision says.

"He dedicated himself to his work to provide for his children but he made time to play with them after work, taking them to the park or playing at home."

The family had some savings in a Colombian bank that they hoped would eventually go toward purchasing a house in that country.

"Sadly, Ms. Valencia-Palaciao would eventually have to use those savings to pay for Mr. Gomez’s funeral in that country," the decision reads.

DAMAGES AWARDED

The loss of financial support the family experienced with Gomez' passing accounted for more than half of the damages awarded, totalling $588,000.

The judge said the evidence presented showed Gomez was ambitious, well-regarded by his colleagues and a hard worker with a "promising career" ahead of him in the concrete trade or potentially another field.

The rest of the damages included $100,000 for loss of household services and $60,000 for loss of inheritance. The children were awarded $45,000 each for loss of future guidance.

"I am satisfied Mr. Gomez was a source of emotional support and guidance for the children in his all-too-short time with them, and he would have continued to do had he survived," Kirchner wrote.

The special damages awarded amounted to $36,643.45. Those covered grief counselling, emergency childcare and funeral costs which included having Gomez laid to rest in Colombia.