Hayes Lemmerz International Inc. (fka HAYZQ)

[Egor]

Wrongful death lawsuit filed in accident at Sedalia plant

March 9, 2009 - 10:40 PM
By Matthew Steingraber
Sedalia Democrat
The family of a Liberty truck driver who was killed in October in an accident at the Hayes Lemmerz International plant in Sedalia filed a wrongful death lawsuit in Pettis County Circuit Court on Friday against Universal Am Can trucking company, Hayes Lemmerz, Cooperative Workshops and three individuals involved in the incident.

Stanley M. Hall, 56, a driver for Kansas-City based Triple Crown Services Company, died Oct. 20 after he became trapped between a semitrailer and the loading dock on the northeast side of the building at 3610 W. Main St., according to police reports.

Hall’s wife, Leondra Hall; daughters Kelly Theumissen and Tara Routh; and his mother, Sedalia Hall, filed a petition for damages for the wrongful death and personal injuries, alleging negligence on the part of the defendants.

The individuals named in the suit include Roque M. Balderama, a truck driver with Universal Am Can who operated the trailer that trapped Hall; Dwayne Quick, a forklift operator employed by Hayes Lemmerz through its partnership with Cooperative Workshops; and Mary J. Lancaster, a supervisor employed with Hayes Lemmerz and Cooperative Workshops whose duties included managing the Cooperative Workshop employees working at the plant.

The petition, written by the family’s attorney, Kathleen M. Hagen, alleges Balderama obtained permission from Quick, who “may have been mentally challenged,” to back up his trailer into the loading dock next to the one where Hall parked.

After he parked his truck, Hall was walking to the shipping and receiving office when he stopped to talk with Quick, and he was not warned that he was in danger before being trapped between the loading dock and the trailer, the petition alleges.

After Balderama struck Hall, he continued to back up his trailer and made no attempt to determine what he had hit, according to the suit. The petition alleges Quick took no immediate action to free Hall, tell Balderama to move his truck or inform his supervisor.

“Instead, he remained on his forklift for approximately 15 to 23 minutes motioning to his supervisor, Lancaster, to come over to him,” the suit states.

When Lancaster approached, she noticed Hall was trapped and began performing CPR. Paramedics arrived a short time later, provided emergency medical care for nearly half an hour before pronouncing Hall dead just before 1 p.m.

The petition alleges negligence on the part of each of the defendants, stating they should have known their “conduct or failure to act would naturally or probably result in injury.”

Hall’s family is seeking compensation of more than $25,000 for medical and funeral expenses, along with damages for having “been deprived ... (of Hall’s) love, companionship, comfort, instruction, guidance, counsel, training, services and support.”

Roger Garlich, CEO of the Center for Human Services Cooperative Workshops in Sedalia, was not aware of the suit until Monday afternoon. He said this is the first time the company, which helps people with mental or physical disabilities find employment, has been sued.

“I was not aware of (the suit), but it’s always tragic when someone loses their life,” Garlich said.

Representatives for Hayes Lemmerz and Universal Am Can could not be reached for comment Monday.



http://www.sedaliademocrat.com/news/driver_15233___article.html/lawsuit_accident.html