On Jan. 13, 2021, a crew of masonry workers returned to finish a job in the parking lot of a business in Hendersonville. Weeks earlier, they had built a retaining wall nearly 10 feet tall.
That morning, without warning, the wall collapsed on top of them, burying them under tons of concrete blocks and dirt. Marcelino Godofredo Rendón Hernández, 37, died at the scene. Other workers suffered severe injuries.
Five years later, following a six-week trial, a Henderson County Superior Court jury awarded $101 million to the victims and their families. The case was settled shortly afterward for an undisclosed amount.
“No one has ever received a verdict that large in any type of personal injury case,” John McCabe, one of the attorneys who handled the case, told Enlace Latino NC. With 33 years of experience in North Carolina, McCabe described the ruling as a victory that extends beyond his clients.
“It’s a historic victory for everyone in the state.”
The two Latino workers who took the case to trial were Alberto Valdez Sánchez, represented by McCabe, and Adan Rendón Hernández, represented by attorney Brian Davis.
This outlet contacted a relative of the victims, who described the past several years as deeply traumatic and said the family preferred not to comment.
Lives Forever Changed
McCabe said that although the surviving workers largely recovered physically, their lives were permanently altered.
“When that wall fell, it shattered their bodies and their lives,” he said. “Their lives will never be the same.”
One worker remained buried beneath the wall for nearly an hour and stayed conscious the entire time, according to McCabe’s account during the trial.
Alberto Valdez Sánchez attempted to return to physical labor after the accident but was unable to continue performing heavy masonry work. According to McCabe, he found a different type of job, though the effects of his injuries remain.
The trial also included a claim filed by Maria Guadalupe Aguillón Guerrero, Alberto’s wife, for the impact the injuries had on their marriage. The jury awarded her $11 million in damages for loss of consortium.
A Historic Ruling for Latino Workers
McCabe argued that the companies and insurance carriers involved in the case failed to properly value the injuries suffered by the two Hispanic workers who went to trial.
According to McCabe, settlements were reached before trial with the family of Marcelino Godofredo Rendón Hernández and with the only non-Hispanic worker injured in the collapse. However, he said the offers made to the two Latino workers were never fair.
“We felt they minimized who they were as people and the severity of their injuries,” he said. “We do not believe they were treated as people who deserved full compensation.”
McCabe said that, because fair settlements were not offered, the insurance companies “essentially forced” the workers to take the case to trial.
The attorney also said that throughout the proceedings, the defense repeatedly emphasized that the workers were Hispanic and had been born outside the United States. But he said the jury responded differently.
“This jury was extraordinary,” he said. “They treated them with humanity, dignity and integrity.”
Case Background
- On Jan. 13, 2021, a retaining wall collapsed onto a crew of four masonry workers in Hendersonville. Three of the workers were Latino. Marcelino Godofredo Rendón Hernández was killed, and three other men suffered serious injuries.
- The wall had been rebuilt weeks earlier after failing during a storm. During the trial, attorneys argued that the project moved forward without proper engineering oversight or permits.
- The victims and their families sued the companies involved, while the state Department of Labor issued fines for serious safety violations.
- The workers’ attorneys argued that insurance companies treated the Latino workers differently and failed to make fair settlement offers before trial.
- In May 2026, a jury awarded $101 million to the victims and their families, one of the largest personal injury verdicts in North Carolina history.
The Message Behind the Verdict
For McCabe, the case also offers a broader lesson for immigrant workers who may hesitate to seek justice because of fear or distrust.
“Have courage,” he said. “It’s OK to be afraid, but keep moving forward anyway, because there are many good people who will do the right thing.”
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