Man who survived sewer flood that killed worker asks for evidence to be preserved

The attorney for a man who survived a sewer flooding that killed a coworker in Downers Grove is seeking a court order to preserve the evidence of what happened that day.

Attorney Michelle Kohut, a partner with Corboy & Demetrio who represents J. Guadalupe Almanza, said she is asking a Cook County judge to order that evidence of the July 27 accident in Downers Grove be preserved. She is also seeking permission to subpoena records from various entities, including the company doing the sewer work, Texas-based Vortex Systems LLC.

Kohut said four Vortex employees, including her client, were working in a storm sewer when the accident occurred.

The village had hired Vortex for a storm sewer maintenance project. The men were spraying the inside of the pipe, Kohut said.

The workers had shut off the flow of water from St. Joseph Creek into the pipe that carries the creek underneath downtown Downers Grove. The remaining water in the pipe was about ankle-high.

According to Kohut, the four workers were not tied off to anything outside the pipe. They were roughly 1,800 feet into the pipe when a severe storm hit.

The pipe quickly filled with rainwater, and the workers ended up in chest-deep water, according to Kohut.

Almanza, who was closest to where they entered the pipe, was able to tread water and make his way back to a maintenance hole. He and another worker were able to climb out.

According to Kohut, Almanza heard his friend, 33-year-old Ivan A. Perez, screaming for help. He tried lifting other maintenance hole covers to find Perez.

Firefighters, meanwhile, managed to rescue the third man.

Perez’s body was found the next day on July 28.

“It just seems like a tragedy that could have been prevented,” Kohut said.

Kohut says she will go to court Friday to get a date for a hearing on her motion for an emergency bill of discovery.

She is requesting records from multiple sources, including the company, the Downers Grove Police Department, the engineering firm that designed the project and OSHA. She also wants copies of witness statements, photographs, investigative reports and insurance records.

ssarkauskas@dailyherald.com