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Family of man killed when crane collapsed on his cement truck during Houston derecho storm files lawsuit

High winds toppled 2 cranes that fell onto a cement truck with Juan Hernandez, 72, and Crosby Ware, 66, inside. Hernandez was killed and Ware was hurt.
Credit: Family photo / AIR 11
Juan Hernandez, 72, was killed when winds between 90 and 100 mph toppled a huge crane and it crushed the cab of the cement truck.

HOUSTON — The families of two Houston men have filed separate lawsuits after a crane collapsed onto their truck during the intense derecho storm on Thursday, May 16.

Juan Hernandez, 72, was killed when winds between 90 and 100 mph toppled the huge crane and it crushed the cab of the cement truck.

"Why was the crane not taken down or moved out of the site? Why wasn’t all of the workers on the job site moved to safety," daughter Sandra Hernandez said.

“We don’t understand why they didn’t take the proper procedures to make sure their workers were safe," daughter Barbara Kinsey told us. 

Crosby Ware, 66, suffered "traumatic and catastrophic" injuries to his head, neck and back, according to attorneys representing his family in the lawsuit.

It happened at the Sesco Cement Plant on Wingate near 75th Street in the Magnolia Park area.

Hernandez's family believes the tragedy could have been avoided if the company had sent the workers home early.

“They're devoted, committed workers, you know,  the people who move your company," Hernandez said. " ... Our father has been taken away for greed, that’s the way I see it.”

They will join the lawsuit filed by attorneys for Ware's family. It names Sesco Cement, Corp., ASI Industrial, Lampson International, LLC., and McCray Crane & Rigging, Inc. The three companies were involved in a construction project at the Sesco Cement Plant near the Houston Ship Channel, according to the lawsuit.

Chad Pinkerton, who represents Hernandez's family, said the defendants chose profits over safety.

“It was intentional, it was conscious disregard for the safety of others," Pinkerton said. "They did not care, they were not careless, they did not care.”

He said the company told the workers to stay in their trucks and wait. 

"That’s pretty disgusting behavior," Pinkerton said.

Calvin Jones, the director of McCray Crane & Rigging, Inc., told us they didn't have any cranes or other equipment at the worksite. 

We've reached out to the other companies named in the suit and are waiting to hear back.

RELATED: Houston man suffered 'catastrophic' injuries when crane collapsed during derecho storm, lawsuit says

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