Over $26,000 in Damages Awarded in Wrongful Death Suit

Columbia, MOIn 2003, a construction accident resulted in the death of a steelworker at the Columbia Transload Facility. As a result of his death, when his children turn 18 they will receive $26,694 a piece due to a settlement reached in the wrongful death suit filed against the facility by their grandfather.

The settlement involves Prost Builders Inc., who frequently does contract work Columbia, and the owner and president of Prost Builders, Vaugn Prost, as well as Pro Building Solutions Inc. The settlement is for the accidental death of Christopher Tristan.

At the time of the accident, Tristan was 27 years old and was working on the rail terminal's frame on North Brown Station Road that services the COLT Short Line Railroad. He was doing the task of connecting steel columns that were free-standing when they gave way and collapsed. This caused Tristan to fall 30 feet. However, he did survive the accident and was taken to University hospital where, in October 2003, he died from his injuries.

The Tristan family's attorney, Matt woods, stated in the lawsuit that Prost Builders and the contractors that worked for them were responsible for the frame collapse due to negligence. This negligence included not inspecting the columns and securing them, as well as not securing and inspecting foundations. The lawsuit alleged that employees were not instructed on the proper safety practices in order to identify such issues that could result in injury or death.

A total of $800,000 in medical bills was accumulated during Tristan's hospital stay. Fortunately, Missouri Employers Mutual Insurance Company, Tristan's insurance company, covered the costs. Of the total amount awarded in the settlement, which was $335,000, $140,000 was awarded to the insurance company for settlement of a Worker's compensation subrogation lien. Eng and Woods legal firm gets $123,890 for their services.

Amador Tristan, Tristan's father and the one who brought the lawsuit, will receive $17,722 and the two children of Tristan, Evie and Jordan Lundahl will each receive $26,694 in which they can access when they reach 18 years of age.

Judge Gary Oxenhandler, a Boone County Circuit Judge, ordered that some changes be made to the settlement when he found that Tristan's children should receive something for their father's untimely death.

As for the companies involved in the suit, it wasn't long after the accident occurred that the city found that Prost did not have a building permit for the site they were working on. The company was only allowed to build the foundation, but they had never scheduled the mandatory inspection required by the city to receive the proper permits.

The first accident report filed regarding Tristan's accident was not filed by the Occupational Safety and Health Administration until February 2004. It stated that it could not file until then because Prost did not tell J.D. Builders, their labor contractor, about the state of the concrete at the base of the collapsed frame. As a result, Prost was fined $7,000 by OSHA.

J.D. Builders, on the other hand, appealed their fine of $6,000, so the fine was reduced and three of the charges against them were dropped since Prost did not provide them with important information.

There were actually two other workers who were injured in the accident and both were hospitalized. Both of them also filed lawsuits regarding personal injury. The Trevor Kirby suit is still ongoing, but the Corey Sieckmann case has been settled. Prost Builders' lawyer, Woods, and another attorney, W. Hamp Ford Jr., said that no comments could be made about the Kirby suit because the case is ongoing.

By Ginger Gillenwater