PITTSBURGH – One defendant named in a wrongful death lawsuit, filed 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, has brought preliminary objections that a charge of intentional infliction of emotional distress levied against him is improper.
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 said.
“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 obtained 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 said 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!”
UPDATE
On Aug. 26, counsel for defendant Joell Lytle filed preliminary objections seeking to strike Count III for intentional infliction of emotional distress, for alleged failure to conform to the rule of law.
“Intentional infliction of emotional distress is described by Pennsylvania appellate courts as ‘one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm,” the objections read, in part.
“Plaintiffs aver that defendant Lytle committed the tort of intentional infliction of emotional distress through the sole act of sending a text message that stated, ‘The reason [decedent] was working at my house was because I loaned him $10,000 for his lawyer fees! Codey and your mother caused that.’ The text message was sent only to plaintiff Logan St. John and his action alone brought the message to the attention of Codey St. John. Additionally, Lytle’s action is not extreme or outrageous conduct sufficient to commit intentional infliction of emotional distress. As such, plaintiffs’ Count III should be dismissed with prejudice
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 are represented by Albert J. Brooks, James G. Buck and Andrew P. Moore of Moore Pacaro & Brooks in Abington, plus Ryan W. French and Robert A. Loch of Robb Leonard Mulvihill, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-006598
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com