$10.25 Million Settlement in Fatal Industrial Equipment Accident

The lawsuit alleged that multiple failures combined to create a deadly and preventable hazard.

Partner David Kwass represented the family of a service technician who lost his life in a tragic workplace accident while performing maintenance inside an industrial freezer at a food processing facility in South Carolina.

The technician was assigned to replace ammonia sensors located high above the freezer floor, requiring the use of a boom lift. While working alone inside the freezer, he became pinned between the boom lift’s control panel and an overhead obstruction. Without any anti-entrapment safety technology on the equipment, he was unable to free himself. He died from mechanical asphyxia and was not discovered until the following day.

The lawsuit alleged that multiple failures combined to create a deadly and preventable hazard, including:

• The provision and use of a boom lift that lacked widely available and industry-standard anti-entrapment safety devices designed to stop or reverse movement when an operator is trapped.
• Unsafe conditions inside the freezer, including obstructed aisleways that left insufficient clearance to safely operate the lift.
• Failure to follow facility safety policies requiring that outside contractors be continuously accompanied while working on-site.
• Negligent leasing, maintenance, and design of the equipment despite longstanding industry knowledge of fatal entrapment risks and the availability of effective safety solutions.

The case involved claims for wrongful death, survival damages, negligence, gross negligence, and product liability. Through extensive investigation, expert analysis, and aggressive litigation, we were able to demonstrate how the absence of basic safety measures and oversight directly led to a fatal outcome.

The case ultimately resolved through a $10.25 million settlement, providing meaningful compensation to the family and holding responsible parties accountable for failing to protect workers from known and preventable dangers.

David Lail and Liam Duffy of Yarborough Applegate were also part of the legal team.