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Judge denies motion to dismiss wrongful death suit

A county judge in St. Clair denied a motion by the wife of a construction worker to dismiss a wrongful death suit against a local utility company. The judge denied the motion based on insufficient evidence to demonstrate the company owed a duty to the decedent, breached a duty or caused the worker’s death.

The wife of the decedent claims her husband was working at a construction site near Maryville at State Route 162 and Lakeview Acres Road earlier this year. She states that he was near a concrete mixer when a power line lacking insulation fell on the mixer and he came into contact with it, causing his death by electrocution.

The wife has alleged that the utility company failed to properly maintain its power lines or reclosures protecting the power line, failing to suspend power at the proper height. She has cited the injuries and subsequent death of her husband are the result of the company’s negligence, carelessness, and unlawful conduct. She has also cited another concrete supply company in the case.

The concrete supply company has responded with a statement indicating that the plaintiff has not mitigated damages, thereby barring recovery of damages precipitated by failure to mitigate. The judge has requested a status conference to review the case.

The concrete company has requested a jury trial. The construction company has also been given thirty days to respond to the case or file an appearance.

The wife of the deceased is seeking more than $50,000 in damages.

Construction negligence that leads to work-related deaths on construction sites can be avoided if companies enforce proper guidelines for health and safety. No one should be subjected to hazardous environments while on the job. If you suspect you have been involved in a work-related accident, you could be entitled to compensation. It is recommended that you seek advice from an expert in the field to protect you and your loved ones from unsafe risks on the job.

Source:  madisonrecord.com, “Motion to dismiss denied in construction worker’s electrocution case” Heather Isringhausen Gvillo, Sep. 04, 2013


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