Feed Plant Says Exclusive Remedy Bars Wrongful Death Suits

Thursday, December 31, 2015 | 0

An Illinois animal feed plant is arguing for the dismissal of a lawsuit filed on behalf of two families of men that died on the job, claiming the action is barred by workers' compensation exclusive remedy.

Frank Rosebur, 37, of Peoria, and Dean Stone, 29, of Pekin, died in June 2014 after succumbing to poisonous hydrogen sulfide in a railroad tank car because the company Agridyne did not equip or train them to use safety equipment, the lawsuit alleges.

The U.S. Occupational Safety and Health Administration cited Agridyne for three willful and eight serious safety violations and placed the company in its Severe Violator Enforcement Program. It proposed penalties of $266,000.

Sharon Stone and Ebony Fletcher, administrators of the victims’ estates, filed the suit on behalf of themselves and the two and three minor children, respectively, of Stone and Rosebur, the Pekin Times reported Wednesday.

They each seek “in excess of $50,000” in pecuniary damages under the Illinois Wrongful Death Act. While that law does not permit collection of “punitive” damages, trial juries can consider the “grief, sorrow and mental suffering” of victims’ survivors in deciding what financial payments defendants found at fault must make.

In its motion to dismiss the suit, Agridyne argues that claims of negligence in such cases are “barred as a matter of law” by the Illinois Workers Compensation Act.

Survivors of those who die in work-related incidents receive death benefits under workers' compensation legislation in Illinois and every other state.