PITTSBURGH – After the death of a man trapped underground during a cave-in while digging a trench to replace a sewer line in North Strabane Township, four Ohio plaintiffs are suing the commercial entities they feel are liable for survival and wrongful death.
Michael J. Shaheen, Esq., Tracey Lancione Lloyd, Esq. (as Co-Administrators of the Estate of Richard St. John, deceased) of St. Clairsville, Ohio and Codey St. John and Logan St. John of Bellaire, Ohio first filed suit in the Allegheny County Court of Common Pleas on May 12 versus Joell Lytle of North Strabane Township, Wyatt Dingus and Dean Dingus of Barnesville, Ohio, CDM Smith, Inc. of Pittsburgh, RECO Equipment, Inc. (doing business as “Bobcat of Pittsburgh”) of North Cranberry Township and John Doe.
“On Nov. 8, 2019, defendant Lytle invites Richard, defendant Wyatt Dingus and defendant Dean Dingus onto her property located 155 Brehm Road in North Strabane Township. Defendant Lytle requests the three men to replace the sewer line leading from her home to main sewer. In order to replace the existing sewer line, Richard and the Dingus defendants are required to dig a trench approximately 11 feet deep and six feet wide. Defendant Lytle is a Principal Construction Project Manager employed by CDM,” the suit says.
“According to CDM’s website, defendant Lytle is a ‘transportation construction engineering and inspection (CEI) project manager who helps our clients deliver new bridges, bridge and roadway rehabilitations, and traffic signal improvements by overseeing construction field staff and monitoring schedules, budgets and performance across multiple projects.”
According to the litigation, defendant Lytle obtains a trench box for use in shoring the trench through CDM. The trench box was rented to CDM Smith with an address identified as 155 Brehm Road in North Strabane Township.
“The trench box was too small for the trench that was being excavated by Richard and the Dingus defendants. Nevertheless, defendant Lytle elects to permit Richard and the Dingus defendants to proceed with excavation. Defendant Lytle was in a rush to have the sewer line repair completed as the Township Inspector was coming to perform the inspection at 2 p.m. and would not be available after that time. In order to execute the trench, Richard and the Dingus defendants utilized the Bobcat, which was obtained from defendant Bobcat and/or defendant John Doe,” per the suit.
“Richard and Dingus defendants begin to excavate the trench and at this point it should have been obvious to defendant Lytle that the men are ill-equipped to perform the excavation and replacement of the sewer line. Still, defendant Lytle allowed them to proceed with their work. At approximately 1 p.m., there was a cave-in trapping Richard under mounds of earth. The North Strabane Fire Department arrived at approximately 1:10 p.m., and frantically began digging to attempt to rescue Richard.”
However, given that the trench had no shoring, the North Strabane Fire Chief ordered the first responders out of the trench for fear of another collapse. Upon erecting the appropriate shoring, the first responders were eventually able to reach Richard at approximately 5 p.m.
By this time, Richard had died. The Washington County Coroner indicated the cause of death as asphyxiation due to compression of the chest and abdomen (i.e., Richard was crushed and suffocated to death).
Shortly after Richard’s death, the suit says defendant Lytle wrote to Logan via text message to inform him, “The reason [Richard] was working at my house was because I loaned him $10,000 for his lawyer fees! Codey and your mother caused that!”
For multiple counts of negligence/survival, wrongful death, infliction of emotional distress, the plaintiffs are seeking damages in excess of arbitration limits, plus interest, costs of suit and any other relief this Honorable Court deems appropriate, to recover which this suit is filed.
The plaintiffs are represented by A. Michael Gianantonio of Robert Peirce & Associates, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-006598
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com