Jury finds glass plant negligent in death
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By Steven Martens | Wednesday, October 25, 2006 |
CLINTON, Iowa — A Clinton County jury has decided that Guardian Industries of DeWitt was negligent in the 2004 death of a truck driver at the company’s DeWitt plant, but refused to award damages to the man’s estate.
The lawsuit stemmed from a June 28, 2004, accident in which Darren Richard Long, 38, of Medford, Wis., was killed when a 4,000-pound crate of glass plates fell on him as he was helping load it into the trailer of his truck. He died later at Genesis Medical Center-DeWitt.
Long’s widow, Dawn, the special administrator of his estate, filed suit in May 2005 against Guardian, alleging the company was negligent in its safety practices and seeking compensation for medical and burial expenses and other damages.
According to court records, Long, who was working for Schneider National trucking, was tightening a strap used to secure the crate of glass to the trailer. When he yanked on the strap, it became unhooked from the side of the trailer and Long fell to the trailer floor. The crate tipped over on top of him.
According to court records, the Iowa Division of Labor investigated the incident and concluded that no safety regulations had been violated, but recommended that the company start using two straps to secure cargo rather than one.
The jury ruled last week that Guardian was negligent, but that negligence was not the “proximate cause” of damage to the plaintiff.
Long’s attorney, A. John Arenz of Dubuque, could not be reached Tuesday for comment.
Pat Tuttle, manager of Guardian’s DeWitt plant, called the incident, “an unfortunate situation all the way around.”
“We feel real bad about the situation and our condolences go out to Mrs. Long and the family,” he said.
Steven Martens can be contacted at (563) 659-2595 or smartens@qctimes.com.
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