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      Lifeguard's family takes first step in wrongful death lawsuit

      Nicolas Benavides // Family Photo

      The family of a Schlitterbahn lifeguard who died in a workplace accident has taken the first step in a wrongful death lawsuit.

      Nicolas Benavides died after his head was allegedly crushed by a wave generator at the South Padre Island water park.

      The 20-year-old TMs family filed court documents demanding answers in what they say was his wrongful death.

      Benavides TM mother is asking a judge for oral and video depositions from Schlitterbahn representatives.

      The petition states that the attorney representing the family will be seeking answers to such questions as:

      - Proof of workers comp insurance that provides coverage for Benavides, his estate or heirs

      - Information about the persons or entity involved in the design, make, sale and installation of the wave generator in question

      - Any manuals blue prints and equipment logs about the wave generator

      - Any evidence relating to the accident like photos or any video surveillance footage

      According to the preliminary autopsy, Benavides died from face and head traum, which this petition states was caused by the wave generator he was ordered to work on.

      Action 4 News contacted the Benavides family about this for comment but they refused saying this is not information they want to share with others at this time.

      Schlitterbahn is not commenting at this time either.