$1.5 million settlement
The death of a construction worker at a lake excavation in Pike County lead to a $1.5 million settlement.
Martin Simpson, 42, died Aug. 22, 2005, while moving supplies to the site on an all-terrain vehicle. The preceding weekend, when Simpson wasn't working, the lake was dug out without his knowledge. When Simpson crested a hill, the ATV became airborne and crashed into the dredged-out lake.
A year later, Simpson's family filed a wrongful death lawsuit, alleging that the companies in charge of the project had created a dangerous and hazardous condition because the excavated lake area was not barricaded and warning signs weren't posted. Simpson worked for John Bender, Inc., a family owned business. John Bender's family organized Bender Family Limited Partnership Number One, which owned the lake in Pike County. Some of the excavation work was done by employees of John Bender, Inc., including Simpson.
Attorney Paul J. Passanante, of Simon Passanante in St. Louis, said that generally a landowner is not liable if a contractor's worker is injured on the job because the contractor has control over the manner and method in which the work is done. However, Passanante alleged that in this case the contractor and the landowner were "intertwined," meaning the landowner retained that control.
"In some circumstances, there is no workers compensation immunity when an employer utilizes an employee for personal projects," Passanante said in a written statement.
However, Karen Baudendistel, an attorney for Armstrong Teasdale who represented the family partnership, disagreed with Passanante's characterization of the case, saying that the family's company was a separate entity than the owner of the property.
"None of these allegations regarding the family's personal business issues or workers compensation issues were plead in this case," she wrote in an e-mail. "We dispute many of these statements. Workers compensation had nothing to do with this case."
She added that Simpson was close friends with the Bender Family, describing him as "an excellent employee and wonderful family man.
The case was settled for $1.5 million dollars while depositions were being taken. The partnership did not admit liability.
Facts of the Case
Type of Action: Wrongful death
Type of Injuries: Death
Court/Case Number/Date: Circuit Court of Pike County/ 06PI-CC00056/ May 14, 2007
Caption: Melody Simpson, et al. v. Bender Family Limited Partnership Number One, et al.
Judge, Jury or ADR: Judge
Name of Judge: Dan Dildine
Verdict or Settlement: Settlement
Special Damages: N/A
Allocation of Fault: N/A
Last Demand: $1.5 million
Last Offer: N/A
Attorneys for Plaintiff: Paul J. Passanante, Simon Passanante, St. Louis
Attorneys for Defense: Karen Baudendistel, Armstrong Teasdale, St. Louis
Insurance Carrier: Scottsdale Insurance
Plaintiff's Experts: Thomas E. Hilton, MS, CPA/ABV, ASA, CVA, St. Louis; Thomas R. Ireland, Economic Assessments, St. Louis; Wendell D. Rust, Universal Safety Associates, Bourbon, Ind.
Defendants' Experts: None
June 18, 2007
