Heat stroke death of San Antonio worker triggers $1 million lawsuit

The suit comes as Gov. Greg Abbott's 'Death Star' bill, outlawing mandatory water breaks, is set to take effect in September.

click to enlarge Despite construction worker Gabriel Infante's internal body temperature reaching 110 degrees, a foreman told responding medical personal that his symptoms were the result of illicit drug use. - Wikimedia Commons / Brian Turner
Wikimedia Commons / Brian Turner
Despite construction worker Gabriel Infante's internal body temperature reaching 110 degrees, a foreman told responding medical personal that his symptoms were the result of illicit drug use.
The mother of a 24-year-old construction worker who died of heat stroke while on the job last summer in San Antonio has filed a lawsuit against his employer.

Gabriel Infante was working for B Comm Constructors, digging to move an internet fiber optic cable on June 23, 2022, when he began experiencing stroke-like symptoms, including confusion, an altered mental state, dizziness, and eventually, loss of consciousness, according to the lawsuit.

B Comms Constructors was unavailable for immediate comment.

Temperatures that day reached over 100 degrees, and humidity was hovering at 75%, the lawsuit states.

A foreman, who insisted that Infante’s symptoms were because of drugs, called for a coworker to dial 911. When emergency services arrived, the foreman continued to hound medics to perform a drug test on Infante.

When Infante arrived at the hospital, his internal body temperature was 110 degrees. He died the following day.

The lawsuit alleges that B Comm Constructors failed to provide a safe working environment for employees and neglected to implement necessary safety measures, including regular breaks, shaded areas, and hydration stations. Infante’s mother, Velma, who is represented by Hilliard Law, is seeking $1 million in damages.

According to the U.S. Bureau of Labor Statistics, at least 42 outdoor Texas workers died between 2011 and 2021 from environmental exposure, as previously reported by the Current. However, that number likely represents an undercount since it doesn’t include heart attacks, which is associated with intense heat as well.

Despite so many working Texans dying from heat exposure, Gov. Greg Abbott signed the so-called “Death Star” bill in June, nullifying local ordinances that would mandate 10-minute water breaks for outdoor laborers.

Houston has already filed a lawsuit against the state, arguing that the Death Star bill, officially called House Bill 2127, violates the Texas State Constitution. San Antonio City Attorney Andy Segovia said this week that he anticipates the Alamo City taking similar action.

That law is set to go into effect on Sept. 1, pending possible litigation.

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Michael Karlis

Michael Karlis is a Staff Writer at the San Antonio Current. He is a graduate of American University in Washington, D.C., whose work has been featured in Salon, Alternet, Creative Loafing Tampa Bay, Orlando Weekly, NewsBreak, 420 Magazine and Mexico Travel Today. He reports primarily on breaking news, politics...

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