APPEALS COURT SAYS LAWSUIT MAY PROCEED AGAINST LONE STAR

A Scott City woman's lawsuit against Lone Star Industries for the death of her husband has been reinstated following a decision by the Missouri Appeals Court.

A trial court's decision to dismiss Vicki Howell's wrongful death suit was overturned Tuesday by the Eastern District Court of Appeals. This clears the way for Howell to seek damages against the cement plant for the 1997 death of Carl Howell Jr., said her attorney, Stephen Ringkamp of St. Louis.

Lone Star attorney Stefan Glynias said he expects the Appeals Court's decision to be overturned.

Background

Howell Trucking Inc. began working under contract for Lone Star in June 1996 at its Cape Girardeau quarry. Carl Howell had agreed to clear trees, repair roads and perform other work in an area of the limestone quarry known as "Hunze Corner."

Work continued through Feb. 15, 1997, when Carl Howell told quarry foreman Roger Gibbar that he had uncovered an abandoned mineshaft while removing rocks and soil. After inspecting the area with plant safety manager Robert Cox, the three agreed that Howell should remove excess soil and rocks from the opening of the mineshaft so a closer inspection could be performed.

Howell began his work with an excavator shortly after 12 p.m., and continued past 5 p.m.

His body was found in the excavator the following day. He had been hit by a falling rock wall.

The property with the mineshaft had been acquired by Lone Star from a previous property owner, Ringkamp said. But Lone Star had conducted blasting at the site several months prior to Howell's accidental death. The company received several citations from the Federal Mine Safety and Health Administration concerning conditions at the site, Ringkamp said.

But Lone Star contested each of the citations, and ultimately reached a settlement with the federal agency, Glynias said.

In June last year, a St. Louis County judge ruled to dismiss Howell's lawsuit against Lone Star. The judge decided that Lone Star's responsibility in Howell's death was limited by its status as a statutory employer.

In his appeal, Ringkamp said that a narrow legal exception to the law regarding a statutory employers responsibilities had been ignored. The exception states that if any improvements are being made on a property by a worker, the property owner bears greater responsibility for the worker's safety, Ringkamp said.

Glynias called the Appeals Court decision "counterintuitive."

"I don't believe it can be characterized as an improvement to remove limestone and other materials," the attorney said. "If they had been taking out hazardous waste, it would have been a different deal."