Cabrera v. T.J. Pavement Corp.

Caridad Cabrera, as personal representative of the Estate of Victor Acosta, appeals from a final summary judgment determining that T.J. Pavement Corp., Acosta’s employer, is entitled to workers’ compensation immunity. Because Cabrera demonstrated the existence of genuine issues of material fact that would except T.J. Pavement’s conduct from workers’ compensation immunity, we reverse.

Acosta was killed when the eight foot deep trench in which he was working collapsed while he was installing drainage pipe for T.J. Pavement at the Green Briar Acres Drainage Improvement Project. At the time of…