The family of a regional water plant worker who fell from a catwalk and died in sewage in 2015 has reached a $400,000 settlement with the county, West Palm Beach, Palm Beach, Lake Worth and Riviera Beach.
The municipalities, joint owners of the East Coast Regional Water Reclamation Facility at 4375 Easley Drive in Western West Palm Beach, have been individually approving the deal with the estate of Herminio Padilla Jr. The 48-year-old father of three died Jan. 17, 2015, when the catwalk or floor grate where he was working collapsed and he fell into a sewage channel.
All have signed off on the settlement except West Palm, whose commission is scheduled to approve it Dec. 3.
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West Palm Beach initially would pay $92,727 for its share; Palm Beach County, $68,181; Lake Worth, $68,181, Riviera Beach, $43,638; and the Town of Palm Beach, $27,273.
The municipalities agreed to split an additional $100,000 payment, pending state legislative approval. Because of sovereign immunity laws, state approval is required for settlements more than $300,000. That payment would give the family $54,091 more from West Palm; $22,727 from the county; $11,363 from Lake Worth; $7,273 from Riviera Beach; and $4,545 from the town, for a total of $400,000.
As part of the deal, West Palm agrees to rename a road at the plant after Padilla, and to install a bench with a plaque memorializing him.
One of Padilla’s sons, Stephen Padilla, sued the plant owners in 2015, acting as personal representative of his father’s estate. The suit alleged that West Palm Beach, which operates the plant, "deliberately concealed or misrepresented the dangers so as to prevent Herminio Padilla Jr. from exercising informed judgment about whether to perform the work as he was doing at the time the catwalk and/or grate collapsed, causing him to fall."
The suit cited an internal investigative report two months before the death that "confirmed there were several safety issues that needed immediate attention, including ... corroded grates, uneven catwalks, broken concrete, settled concrete creating a tripping hazard, supports and guardrails in need of immediate attention."
City Administrator Jeff Green said Wednesday the city was pleased to reach an amicable settlement. “This was a very unfortunate incident, and our sympathy goes out to the Padilla family,” he said.
West Palm settled in February 2016 with another sewage plant worker, who fell through a broken railing and nearly tumbled into a sludge canal. He won a $130,000 settlement after filing a whistleblower suit. Joseph Grant alleged he was fired for reporting the near-miss at the plant, where Padilla drowned six months earlier.
Grant was fired one week after a railing he was leaning on gave way. He caught himself on a second railing, hoisted himself to safety and filed a "Near Miss Report."