$8.5 Million Settlement in St. Paul Construction Worker Death: What Went Wrong?

The construction industry, vital as it is, carries inherent risks. In Minnesota, these risks are a significant concern, with construction accidents leading to severe injuries and fatalities. Recently, an $8.5 million settlement was reached in a wrongful death case that highlights the critical importance of safety regulations and responsible conduct on construction sites. This case, involving the death of a 61-year-old construction worker in St. Paul, serves as a stark reminder of what can go wrong when safety protocols are ignored and negligence prevails. According to the Bureau of Labor Statistics, construction accidents accounted for 20 percent of all workplace fatalities in 2013.

The Tragic Incident

On September 28, 2022, Peter Michael Davis, a Stillwater construction worker, was fatally struck by a dump truck at a construction site in downtown St. Paul. Davis, who had retired from St. Paul Regional Water Services after 40 years of service, was working as a subcontractor when the incident occurred. The dump truck, driven by Dawson Barber of Ti-Zack Concrete, backed into Davis, crushing him and resulting in his immediate death.

Uncovering the Failures

The aftermath of Davis’s death led to a wrongful death lawsuit filed by his widow, Kristi Davis, against Barber and Ti-Zack Concrete. The investigation into the incident revealed a series of alarming failures that ultimately contributed to the tragic outcome.

Drug Use: A key finding was that Barber, the truck driver, tested positive for cocaine and marijuana after the incident. The use of controlled substances prohibited Barber from operating a commercial vehicle while performing safety-sensitive functions.
Evidence Destruction: The lawsuit alleged that Barber’s attorneys ignored federal law by waiting six months to report his test results and attempted to hide evidence contained in Barber’s phone. Ramsey County Judge Mark Ireland agreed, granting motions for sanctions related to spoliation of evidence.
Negligence and Safety Violations: Further investigation revealed that Ti-Zack Concrete failed to adequately train the driver, did not have a written backup plan, did not use a spotter, and improperly installed a backup alarm. The plaintiff also uncovered a history of backing accidents that the defendant failed to address.

The $8.5 Million Settlement

The family of Peter Michael Davis was awarded an $8.5 million settlement in the wrongful death lawsuit. The settlement, approved by Ramsey County Judge Mark Ireland, acknowledged the significant failures on the part of the defendant and the devastating impact of Davis’s death on his family. Part of the settlement included money for the agony suffered by Davis from the moment he was first struck to the time he lost consciousness and died. This award results from a new law in Minnesota granting relief for the pain a person suffers prior to death in wrongful death cases.

Common Causes of Construction Accidents in Minnesota

Falls are one of the leading causes of accidents on construction sites. Workers may fall from ladders, scaffolding, roofs, or other elevated areas. These falls can result in serious injuries, including fractures, spinal cord injuries, and head trauma. Equipment-related injuries, electrical accidents, struck-by incidents, and caught-in/between accidents are also major causes of construction accidents.

Several factors contribute to construction accidents, including:

Lack of Proper Training: Inadequate training in handling tools and machinery increases the risk of accidents.
Poor Safety Practices: Failure to adhere to safety protocols, such as wearing protective gear, can result in preventable injuries.
Inadequate Supervision: The absence of proper oversight can lead to unsafe work practices and negligence.
Faulty Equipment: Using defective or poorly maintained equipment significantly raises the risk of accidents.

Minnesota OSHA (MNOSHA) and Safety Regulations

In Minnesota, the Occupational Safety and Health Administration (OSHA) has a state-specific program known as MNOSHA. MNOSHA enforces federal OSHA standards and has additional state-specific regulations to provide an extra layer of health and safety protection. MNOSHA regulations are more rigorous than federal OSHA requirements.

Key aspects of MNOSHA include:

AWAIR Program: Employers in certain industries are required to develop and implement a workplace accident and injury reduction (AWAIR) program.
Personal Protective Equipment (PPE): Employers must provide and pay for all necessary PPE for their employees.
Employee Right-to-Know: MNOSHA has specific right-to-know rules, especially regarding hazard communication, with annual training requirements.
Safety Committees: Employers with more than 25 employees must create a safety committee.

MNOSHA conducts over 2,500 inspections each year, and penalties for violations can be significant, reaching up to $70,000 per violation.

Legal Options for Injured Construction Workers

Construction workers injured on the job in Minnesota have several legal options:

Workers’ Compensation: Minnesota’s workers’ compensation system provides benefits to employees injured on the job, regardless of fault. These benefits can cover medical expenses, lost wages, and rehabilitation costs.
Third-Party Lawsuits: In some cases, injured workers may be able to file a lawsuit against a third party, such as a subcontractor or equipment manufacturer, if their negligence contributed to the accident.
Wrongful Death Lawsuits: If a construction worker is killed on the job, their family may be able to file a wrongful death lawsuit against the responsible parties.

The Importance of Following Safety Rules

The $8.5 million settlement in the St. Paul construction worker death case underscores the critical importance of following safety rules and regulations on construction sites. Negligence, drug use, and the destruction of evidence all contributed to the tragic outcome in this case. By adhering to safety protocols, providing adequate training, and ensuring proper supervision, construction companies can help prevent accidents and protect the lives of their workers.

What Can Be Done?

Increased Training and Oversight: Construction companies should invest in comprehensive safety training programs for all employees, with ongoing refreshers and updates. Regular safety meetings should be held to discuss potential hazards and reinforce safe work practices.
Strict Enforcement of Safety Rules: Safety rules and regulations should be strictly enforced on all construction sites. Violations should be addressed promptly and consistently.
Zero Tolerance for Drug Use: Construction companies should implement a zero-tolerance policy for drug use on the job. Regular drug testing should be conducted to ensure compliance.
Proper Equipment Maintenance: All equipment should be properly maintained and inspected regularly to ensure it is in safe working condition. Defective equipment should be taken out of service immediately.
Open Communication: Encourage open communication between workers and supervisors. Workers should feel comfortable reporting unsafe conditions without fear of retaliation.

The tragic death of Peter Michael Davis serves as a somber reminder of the importance of safety in the construction industry. By learning from this case and taking proactive steps to improve safety practices, we can help prevent future accidents and protect the lives of construction workers in Minnesota. If you or a loved one has been injured in a construction accident, it is important to seek legal advice from an experienced personal injury attorney.