journalfront

Construction

Construction Worker from Bondurant Trench Collapse Sues Employers for Safety Breaches

2024-12-11

Trevor Kilgore's life took a terrifying turn when he was buried alive in a trench collapse. The memory of those terrifying moments has haunted him ever since, leaving him with nightmares and insomnia. As his medical providers note, "all he sees is dirt." Kilgore was an employee of Edwards Enterprises, a subcontractor on a home development in Bondurant last year. On June 12, 2023, while working at the bottom of a trench to connect water and sewer lines, the excavation wall fell on him, covering him completely before rescuers could free him. In a lawsuit filed last week and first reported by KCCI-TV, Kilgore alleges that his injuries, including lingering post-traumatic stress, could have been avoided. He claims that his employer and several other companies working on the project ignored numerous state and federal safety regulations that would have protected him from "almost certain injury or death."

Key Safety Violations

The excavation of the 10- to 12-foot-deep trench failed to follow safety guidelines. It should have sloped down at 45 degrees or less depending on soil conditions, or been reinforced with shoring or boxes to prevent caving in. Kilgore's employer also failed to conduct mandatory inspections of the dig site, allowed workers to use heavy equipment up to the trench's edge in violation of regulations, and did not even have a ladder on site. A Bondurant firefighter had to provide one to help him climb out after being freed. 1: These safety violations are truly alarming. The lack of proper slope and reinforcement put Kilgore's life at extreme risk. Allowing heavy equipment near the trench's edge was a blatant disregard for safety protocols. And the absence of a ladder made it even more difficult for him to escape once the trench collapsed. Such negligence is unacceptable and could have had tragic consequences. 2: The fact that these violations occurred shows a serious lack of attention to safety on the part of the companies involved. It is the responsibility of employers and contractors to ensure the safety of their workers. By ignoring these regulations, they put not only Kilgore but also other workers at risk. This incident serves as a stark reminder of the importance of strict safety measures on construction sites.

Legal Actions

The lawsuit names Gregg Edwards, owner of Edwards Enterprises, and a coworker who was steering an excavator at the lip of the trench when it collapsed as defendants. Kilgore is also suing Jerry's Homes, the developer and general contractor, and R&D Plumbing, the primary plumbing contractor for the project. Kilgore's attorneys declined to comment beyond the allegations in their complaint. An attorney for Edwards did not return a message seeking comment. Other defendants do not yet have attorneys listed. 1: The legal actions taken by Kilgore are a necessary step in seeking justice for the injuries he sustained. By naming the responsible parties, he is holding them accountable for their actions or inactions. It is important that these cases are thoroughly investigated and that the law takes its course to ensure that similar incidents do not occur in the future. 2: The lack of response from some of the defendants' attorneys only adds to the complexity of the situation. It is crucial that all parties involved cooperate fully with the legal process to get to the bottom of what happened. Only then can appropriate measures be taken to prevent similar tragedies from occurring.

Aftermath and Lessons Learned

When the trench wall gave way, Kilgore was able to fall in a way that maintained an air pocket he could breathe in, and fellow workers were able to free his head within minutes. But it took more than 30 minutes to completely free him and move him to an ambulance. He was transported to a hospital with injuries to his legs, head, shoulders, back, and hips. 1: The quick action of his fellow workers in freeing his head was a lifesaver. However, the delay in completely freeing him and getting him to medical attention highlights the need for better emergency response procedures on construction sites. Every second counts in such situations, and delays can have serious consequences. 2: This incident has taught us valuable lessons about the importance of safety on construction sites. It is not enough to simply have regulations in place; they must be enforced and adhered to. Companies need to take a proactive approach to safety and invest in the necessary equipment and training to prevent such tragedies from happening.

After enduring four years of pandemic and post-pandemic challenges encompassing high interest rates and supply chain disruptions, the construction industry now stands on the brink of significant growth. According to ConstructConnect, forecasts suggest a 6.9% increase in total U.S. nonresidential starts and a 12% rise in total residential starts in 2025. We reached out to local construction industry professionals to gain insights into their expectations for the upcoming year and the emerging building trends at the local level.

Optimism Amidst Challenges

Kyle Sayers, president of LeChase Construction Services founded in Rochester in 1944, expresses overall optimism about 2025 across all markets. "We're witnessing remarkable strength in our clients, and our backlog is robust. We're truly excited and encouraged by the year ahead," he says.Locally, LeChase sees strength in multi-unit housing, along with sustained growth in the life sciences and healthcare sectors, including the outpatient medical market. Sayers notes that supply chain issues for construction materials have largely stabilized. "Although certain complex components now have longer lead times, we're in a predictable state where manufacturers can provide accurate delivery timings," he explains.A trend that Kyle Sayers looks forward to exploring deeper in 2025 is the increasing use of artificial intelligence. Data from 360iResearch indicates that the AI in construction market size was estimated at USD 1.52 billion in 2023, is expected to reach USD 1.92 billion by the end of 2024, and will reach USD 8.42 billion by 2030.Among the various applications of AI in construction are project management, quality control, job site safety, parametric design, and drones utilizing AI software. "We aim to understand the optimal use of AI in the construction industry. Our company has several initiatives involving AI and we plan to expand on them. Hence, we're investing heavily in personnel with relevant skills and the accompanying technology," Sayers emphasizes.

Pike Construction Services: Integrating AI

Pike Construction Services, a fifth-generation construction company founded in Rochester in 1873, is also focused on integrating AI into its practices. A few months ago, Pike published a report on the transformative impact of AI on the construction industry, detailing the long-term benefits beyond immediate cost savings and efficiency improvements. These include more accurate project estimates, enhanced client satisfaction through timely deliveries, and innovation in safety and sustainability.Ed Kurowski, executive vice president of Pike Construction Services, highlights the importance of technology. "In terms of technology, the widespread use of drones and robotics in the field and ensuring their availability to our superintendents will be a significant driver for us in 2025," he says.Another technological tool Kurowski plans to expand at Pike in 2025 is the use of digital twins to enhance project visualization and decision-making. He explains that in the construction industry, a digital twin is a virtual model of a building that accurately represents the actual product. "We're using digital twins in the field to ensure projects are constructed exactly as intended. Manufacturing has been using this process for some time, but the construction industry has only started in the last five years," Kurowski notes.Pike is also leveraging technology to bridge the experience gap between new and experienced employees. "We're excited about the year ahead. In the first quarter, we'll be starting many projects that were delayed due to the cost of the dollar," Kurowski says.

GLS Construction: Focus on Cost

Garett Schalge, owner of GLS Construction, observes a continued focus on cost in the region's residential construction space heading into 2025. "People are becoming more value-conscious and seeking better value for their money. They want to ensure that their investments have long-term value and hold their worth," he says.Schalge, with 30 years of experience in the construction industry and having opened his business in west Monroe County in 2023, notes that customers are increasingly focused on energy efficiency and choosing materials that will save them money in the long run. Whether it's for new construction or other services like roofing, siding, flooring, and windows, customers are making eco-friendly choices.At the same time, Schalge states that both commercial and residential customers are demanding eco-friendly options and materials produced using sustainable practices to reduce environmental impact. "People want to see green. We're seeing more companies marketing themselves as green, and some of the suppliers we use have always been green but are now emphasizing it more," he says.

According to a recent news release, the construction of an affordable housing development by Palladium USA is in full swing in Lewisville. This significant project holds great importance for the local community and is set to make a positive impact.

"Transforming Lewisville with Affordable Housing from Palladium USA"

Overview

The four-story apartment complex, which costs $30 million and consists of 90 units, is Palladium USA's inaugural multifamily development in Lewisville. It is located at 305 E. Round Grove Road and will offer a diverse mix of one-, two-, and three-bedroom units. These units will be equipped with modern features such as granite countertops, a balcony or terrace area, and hard floors. The complex also boasts an array of amenities including a resort-style swimming pool, a fitness center, a conference and business center, a children's playroom, and a clubroom with a mini-kitchen.

The amenities are designed to enhance the living experience of residents, providing them with a range of recreational and functional spaces. The resort-style swimming pool offers a refreshing oasis, while the fitness center allows residents to stay active and healthy. The conference and business center is ideal for those who need a professional space for work or meetings, and the children's playroom provides a safe and fun environment for kids. The clubroom with a mini-kitchen is a great gathering place for residents to socialize and enjoy each other's company.

Looking Ahead

The first units and the clubhouse area are expected to be completed by December 2025, as per the news release. This is an exciting milestone that will bring much-needed housing to the hardworking families in Lewisville. Pre-leasing for the units is expected to begin by winter 2025, giving potential residents the opportunity to secure their homes in this new development.

The construction of this affordable housing project is a strategic investment that aligns with the goals of the Lewisville City Council. It will enhance the vibrancy of the city by creating accessible living options near schools, jobs, and amenities. This, in turn, will contribute to a higher quality of life for Lewisville residents and help meet the housing needs of the community.