Motion Testimony Summary — Deposition of Marcus Navarro

Case: Garcia v. Hartfield Construction, Inc. Case No.: 2025-CV-04817 Deponent: Marcus Navarro, Site Foreman Date of Deposition: January 22, 2026 Summarized by: Draftroom AI

I. Background and Employment

Marcus Navarro has been employed by Hartfield Construction, Inc. since June 2019 as a site foreman [3:2–4]. He holds an OSHA 30-Hour Construction Safety certification obtained in 2018 [3:7–8]. His primary responsibilities include supervising daily site operations, coordinating subcontractor schedules, and ensuring compliance with safety protocols [3:10–14].

II. Events of September 14, 2025

A. Morning Conditions

Navarro arrived at the Riverside Commerce Park project site at approximately 6:15 a.m. on September 14, 2025 [4:3–5]. He testified that he conducted his standard morning walk-through of the site between 6:20 and 6:45 a.m. [4:7–9]. During this inspection, he observed that overnight rain had left standing water in several excavation areas [4:11–13].

Navarro acknowledged that he did not file a weather delay report, stating that the conditions "didn't seem bad enough to shut things down" [4:15–18]. He confirmed that Hartfield's safety manual requires a weather assessment form to be completed when standing water is present in work areas [5:1–4].

B. Scaffold Inspection

Navarro testified that he visually inspected the east-wing scaffolding at approximately 7:00 a.m. [5:7–9]. When asked whether he physically tested the base plate connections, he stated: "I looked at them from about ten feet away. They appeared to be seated properly" [5:11–14]. He did not climb the scaffolding or use the inspection checklist form required by company policy [5:16–19].

He acknowledged that the last documented scaffold inspection had been completed on September 5, 2025 — nine days prior to the incident [6:1–4]. Hartfield's safety protocol requires scaffold inspections every seven calendar days and after any weather event producing more than a quarter inch of precipitation [6:6–10].

C. The Incident

The scaffold collapse occurred at approximately 9:40 a.m. while plaintiff Alejandro Garcia and two other workers were on the second tier [7:2–5]. Navarro was approximately 75 yards away at the materials staging area when he heard "a loud metallic sound followed by shouting" [7:7–10].

Navarro reached the scene within two minutes and observed that the east-wing scaffold's north section had separated from the building facade [7:12–15]. Garcia was on the ground with his left leg pinned under a scaffold frame [7:17–19]. Navarro immediately called 911 and directed other workers to stabilize the remaining scaffold sections [8:1–4].

III. Post-Incident Actions

Navarro testified that he preserved the collapse area per company protocol and took photographs on his personal phone [8:7–10]. He stated he submitted an incident report to Hartfield's safety director, Robert Chen, by 11:00 a.m. that morning [8:12–14].

When asked whether he informed Chen about the skipped weather assessment and the overdue scaffold inspection, Navarro testified: "I told him everything that happened that morning. I don't recall specifically mentioning the weather form" [8:17–20].

IV. Safety Training and Protocols

Navarro confirmed that he completed Hartfield's annual safety refresher course in March 2025 [9:3–5]. The course covers scaffold safety, fall protection, and weather-related hazard assessment [9:7–9]. He agreed that the training materials explicitly state that scaffold base plates must be physically inspected after rain events [9:11–14].

When confronted with the training sign-off sheet bearing his signature, Navarro acknowledged that he had certified understanding of all scaffold inspection requirements, including the mandatory post-precipitation physical inspection protocol [9:17–21].

V. Prior Incidents

Navarro testified that there had been one prior scaffold-related safety concern on the Riverside project in July 2025 [10:3–5]. A subcontractor reported loose cross-braces on the west-wing scaffold, which were repaired the same day [10:7–10]. Navarro stated he filed the appropriate corrective action report for that incident [10:12–14].

He denied knowledge of any OSHA complaints filed against Hartfield Construction related to the Riverside Commerce Park project [10:17–19].

VI. Key Admissions

1. Standing water was observed in excavation areas on the morning of the incident, and no weather delay report was filed [4:11–18].
2. The scaffold was not physically inspected on the day of the incident — only a visual check from approximately ten feet away [5:11–19].
3. The last documented scaffold inspection was nine days prior, exceeding the seven-day maximum interval [6:1–4].
4. Navarro certified in writing that he understood the post-precipitation inspection requirements [9:17–21].