Case Background
Vanessa Andino filed this lawsuit in October 2022 on behalf of herself and as administratrix of the estates of her two sons, Bryan Maldonado-Andino and Jovan Maldonado-Andino, who both died in a workplace accident in November 2020. Their father, Joaquin Maldonado, joined as a Plaintiff as well. The family brought wrongful death and survival action claims against multiple Defendants, including Nexius Solutions, Inc., Myndco, Inc., and several other companies connected to the project and the equipment involved. By the time the case reached trial, the jury was asked to decide the liability of two remaining Defendants Nexius Solutions and Myndco.
Cause
Bryan and Jovan were employees of Velex, Inc., a subcontractor working on a telecom project at the Sussex Water Tower in Bethany Beach, Delaware. The project involved removing and replacing six 5G cellular antennas. One or more of the Nexius Defendants rented a Genie High Reach Z-135 boom lift from Sunbelt Rentals for use by Velex workers on the site.
On October 30, 2020, the Defendants cancelled work at the site because wind gusts reached 30 miles per hour. After more than a week of rain, the ground at the site became very soft, leaving large divots where the lift operated. Videos showing those ground conditions were sent to Daniel Ward, a construction manager who was an employee of one or more Nexius Defendants. David Hall, Vice President of Safety and Training for one or more Nexius Defendants, oversaw safety at the project.
On November 2, 2020, wind gusts in excess of 25 miles per hour were again forecast. The ground remained soft. Workers submitted multiple notifications to Daniel Ward that morning raising concerns about wind speed and ground conditions and requesting the job be postponed. The Defendants cancelled work at other similar projects that day due to weather concerns but did not stop work at the Bethany Beach site.
At approximately 11:24 a.m., Bryan and Jovan were in the basket of the boom lift, extended approximately 125 feet above ground. Wind gusts ran between 20 and 30 miles per hour at the time. The lift tipped over. As it fell, it struck a nearby power line, electrifying the structure. The basket struck the ground.
Injury
Bryan suffered left ventricular heart lacerations, lacerated lung, liver, and spleen, fractured ribs and pelvis, a dislocated right humerus, and multiple thermal injuries. Jovan sustained multiple thermal injuries, a fractured pelvis, fractured left ribs, and lacerations to his liver and lung. Both brothers died from their injuries.
Damages Sought
The Plaintiffs sought compensation for each decedent's conscious pain and suffering prior to death, the loss of monetary benefits that would have resulted from each son's continued life, lost earnings that would have supported the family, and mental anguish suffered by both parents as a result of their sons' deaths. The complaint also sought punitive damages against the Defendants.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Vanessa Andino, individually and as Administratrix of the Estate of Bryan Maldonado-Andino and the Estate of Jovan Maldonado-Andino; Joaquin Maldonado
· Counsel for Plaintiffs: Timothy E. Lengkeek, Esq.
· Expert for Plaintiff: Anthony Lusi
Defendants: Nexius Solutions, Inc | Myndco, Inc.
· Counsel for Defendants: David A Bilson | Lisa C McLaughlin | Todd L Goodman | Paul Logan | R Joseph Hrubiec | Krista M Reale | Tara D McManamy
Key Arguments or Remarks by Counsel
Claims
Negligence — Failure to Stop Work
Plaintiffs argued that one or more of the Nexius Defendants and Myndco scheduled, planned, coordinated, controlled, managed, and oversaw the subject project and its safety. Despite receiving videos of dangerous ground conditions and weather forecasts predicting high winds, and despite cancelling work at other projects that same day, the Defendants allowed work to continue at the Bethany Beach site on November 2, 2020. The Plaintiffs argued the Defendants failed to implement any policies or guidelines for suspending work in poor weather or ground conditions.
Negligence — Failure to Train
The Plaintiffs claimed one or more of the Defendants were responsible for arranging and ensuring adequate boom lift training for Velex employees, including Bryan and Jovan, and that they failed to provide that training.
Negligence — Unsafe Working Conditions
The complaint alleged the Defendants failed to conduct an adequate pre-job hazard analysis, failed to warn of live power lines near the worksite, failed to select an appropriate boom lift for the site conditions, and failed to require a site-specific safety plan.
Defense
The Defendants disputed responsibility. Nexius Insight, Inc. — one of the originally named Nexius entities denied any affiliation with the incident and argued it was improperly named. The Defendants raised contributory negligence on the part of the decedents and argued the accident was caused by persons or entities over whom the answering Defendants had no control.
Jury Verdict
On April 24, 2026, the jury returned its verdict in favor of the Plaintiffs on both estate claims.
Estate of Jovan Maldonado
The jury found Jovan was not contributorily reckless. It found both Nexius Solutions and Myndco negligent and determined their negligence was a proximate cause of Jovan's injuries. The jury also found Jovan was negligent and that his negligence was a proximate cause of injury to himself. In apportioning fault, the jury assigned Nexius Solutions 65%, Myndco 30%, and Jovan 5%, totaling 100%. Because Jovan's share did not exceed 50%, the Plaintiffs remained eligible to recover, with the Court directed to calculate any applicable reduction.
The jury awarded the following damages:
Jovan Maldonado's pain and suffering: $1,500,000
Loss of monetary benefits from his continued life: $2,223,150
Loss of earnings for family support: $500,000
Mental anguish of Mother Vanessa Andino: $2,500,000
Mental anguish of Father Joaquin Maldonado: $2,500,000
Gross award — Estate of Jovan Maldonado: $9,223,150
Estate of Bryan Maldonado
The jury reached identical liability findings for Bryan's estate. Bryan was not found contributorily reckless. Both Defendants were found negligent, and their negligence was found to be a proximate cause of Bryan's injuries. The jury found Bryan was also negligent and that his negligence was a proximate cause of injury to himself. The fault apportionment was the same: Nexius Solutions 65%, Myndco 30%, Bryan 5%.
The jury awarded the following damages:
Bryan Maldonado's pain and suffering: $1,500,000
Loss of monetary benefits from his continued life: $2,005,259
Loss of earnings for family support: $500,000
Mental anguish of Mother Vanessa Andino: $2,500,000
Mental anguish of Father Joaquin Maldonado: $2,500,000
Gross award — Estate of Bryan Maldonado: $9,005,259
Combined gross award for both estates: $18,228,409
The Court retained authority to reduce each estate's award by the 5% negligence attributed to each decedent under Delaware's comparative negligence framework.
Court documents are available upon request at [email protected]
