The family of a deceased electrical worker recently filed a lawsuit claiming that company negligence caused him to be injured on the job.

In October 2016, Paul D. was reportedly working for Midwest Power Inc., an electrical company, on a project for Lower Yellowstone Rural Electric Cooperative (LYREC). LYREC is a cooperative which helps provide power to the rural areas of eastern Montana and western North Dakota.

According to Paul’s estate representatives, LYREC contracted Midwest Power to build a power line, a project which Paul was reportedly assigned to. The work allegedly involved “intrinsically dangerous and hazardous activities” including the use of aerial lift bucket trucks to elevate workers like Paul so that they could work near the power lines and poles.

While working on the project, Paul was allegedly injured on the job when the aerial lift bucket he was working in crashed 50 feet to the ground after the truck it was attached to flipped over. One of the outriggers supporting and stabilizing the truck reportedly failed and collapsed due to “wear, corrosion, and disrepair”. The accident reportedly caused Paul “severe injuries” and, in the end, allegedly caused his death, the plaintiffs claim.

In January 2019, the representatives of Paul’s estate filed a wrongful death lawsuit against Midwest Power and LYREC – aiming to hold the companies accountable for Paul’s death and seek compensation for his three surviving children and surviving parents. The lawsuit claims that Midwest was negligent and caused Paul to be injured on the job because they failed to protect him from the dangers associated with the use of aerial lift bucket trucks.

“Midwest breached its duties to Paul and was negligent […] in that, among other things, it failed to exercise reasonable care and take reasonable precautions against the risks of serious injury and death inherent in its use of aerial lift bucket trucks,” the personal injury lawsuit claims.

Paul’s estate representatives argue that Midwest Power “otherwise failed to do and provide things reasonably necessary to protect Paul’s health, life, and safety” including failure to inspect and maintain aerial lift bucket trucks, failure to provide Paul a safe place to work, and failure to comply with industry standards. Similarly, the lawsuit alleges that LYREC failed to provide Paul with a safe place of work during their electric line project.

The lawsuit is a personal injury litigation, which claims that the negligence of a party caused another party to sustain damages. These types of lawsuits often include claims regarding road traffic accidents, work accidents, tripping accidents, assault, and product liability.

In Paul’s lawsuit, the alleged negligence by Midwest Power and LYREC reportedly caused his accident and subsequent damages. The suit argues that Paul sustained a variety of damages before his death including fear, emotional distress, severe bodily injuries, and economic damages. His family also reportedly sustained damages including grief, emotional distress, loss of emotional support, loss of Paul’s income. The lawsuit also claims damages in the form of funeral expenses, burial costs, and medical expenses.

The Personal Injury Lawsuit is Case No. 1:19-cv-00006-SPW-TJC in the U.S. District Court for the District of Montana.