Donning and Doffing, Employment Law

Beasley Allen Files Federal Lawsuit for Widow Over Worker’s Wrongful Death

Beasley Allen lawyer Mike Andrews has filed a federal lawsuit on behalf of Katrina Falconer, whose husband, Eugene, suffered a wrongful death on the job due to injuries caused by a defective tarping system created by defendants, including Wastequip Manufacturing Company, LLC. The firm’s Parker Miller also represents the family.

“Mr. Falconer suffered in a hospital bed for over a year before succumbing to injuries caused by the defendants’ defective equipment installed on a truck he operated for his job,” said Andrews. “The defendants knew the tarping system’s design was unsafe and put operators’ lives at risk. Our clients seek to hold the defendants accountable and demand that they address the dangers posed by the defective equipment.”

Falconer was injured by defective equipment while working at a waste management site in Bessemer, Alabama. The defective tarping system was attached to Falconer’s work truck by hydraulic arms. Pins that serve as attachment points are designed and installed without any way to lock and secure them in place when the arms are engaged. The attachment for the driver-side arm of Falconer’s truck failed, allowing the arm to fall and strike him. The equipment failure caused Falconer serious injuries, including paralysis. The injuries ultimately caused Falconer’s death.

The lawsuit alleges that the defendants “designed manufactured, built, assembled, installed, inspected, sold and or distributed the subject truck and the tarping system” and that the equipment was “unreasonably dangerous and defective.” It further asserts that the equipment was negligently designed and that the defendants failed to adequately warn end-users to prevent outcomes like Falconer’s wrongful death.

The complaint is filed in the U.S. District Court for the Northern District of Alabama, Eastern Division, case number 1:21-cv-00915-CLM.

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