The family of a security guard killed in an accident at a Toledo manufacturing plant filed a wrongful death lawsuit against the security firm that employed him and the provider of the vehicle he was driving when killed.
The family alleges that modifications were negligently made to the vehicle, making it more likely to tip over and pin the security guard, the eventual cause of his death. The lawsuit alleges that the defects were brought to the attention of the provider of the vehicle, General Dynamics, which failed to correct the defect.
General Dynamics has asked that the lawsuit be dismissed because it claims the tipping of the vehicle was caused by the security guard’s negligence.
The security company, Guardsmark, has also asked that the lawsuit be dismissed because workers’ compensation law in Ohio protects employers from lawsuits unless there is evidence that the death was caused by an intentional act by the employer.
It seems highly likely that Guardsmark, at least, will be protected from the lawsuit. General Dynamics, on the other hand, may have to prove its case in court, because lawsuits against third parties are not barred by Ohio workers’ compensation law.
If you have lost a loved one due to a work-related accident that may have been the fault of a negligent third party, you may be able to get compensation with a wrongful death lawsuit.
To learn more about your legal rights and options, please contact Robert W. Kerpsack, CO, LPA in Columbus, Ohio for a free case evaluation.