The wife a worker who was killed in an industrial accident near Caldwell in September has filed a wrongful death lawsuit against the Lorena-based construction company who employed him.
Clara Evans, the wife of Wallace Evans Sr., is seeking more than $1 million in her lawsuit against Big Creek Construction and Star 2R Ranch, filed earlier this month in Waco’s 170th State District Court.
Evans, 58, of Caldwell in Burleson County, a Big Creek Construction Co. employee, was killed Sept. 19 while working in a gravel pit on the Star 2R Ranch near Caldwell, which is about 100 miles southeast of Waco.
Wolf, who has four grown children, was behind a front-end loader and was struck and crushed by the heavy equipment when the operator backed up, according to the lawsuit.
Fort Worth attorney Jeff Wolf, who represents Big Creek Construction, said Tuesday that he thinks the claims in the lawsuit as it currently is pleaded are “not recoverable” because of workers’ compensation.
“Generally, the company contests liability because this is a matter that should be handled through workers’ compensation,” Wolf said.
Houston attorney Mo Aziz, who represents Evans’ family, said the suit includes gross negligence claims, which would not be covered under workers’ compensation.
“The big issue from the perspective of our investigation is what was the cause of the incident?” Aziz said. “Was it a malfunction in the backup alarm mechanism, which may be a maintenance issue by a third party or some product liability issue, or was it a failure by the employer to provide him with a safe work place? Those are some of the issues we are looking at.”
The negligence claim charges that company officials failed to properly oversee the safety of the work area; failed to properly supervise the construction site; failed to provide adequate training; failed to keep a proper lookout; failed to warn of dangerous conditions; and violated Occupational Safety and Health Administration standards.