Construction worker sues Keller for spinal injuries in scaffolding collapse

Kelly Holleran Sep. 19, 2008, 1:31am

Gene Birdsell has filed suit against Keller Construction and Dayton Superior Corporation, claiming his spine was severely injured after he fell off a piece of scaffolding while working.

Birdsell claims he was working on the Sugar Fork Creek Bridge in Madison County on Dec. 22, 2006, when the scaffolding collapsed, according to a complaint filed Sept. 15 in Madison County Circuit Court.

In addition to his spinal injuries, Birdsell claims he has lost and continues to lose large amounts of money because of his inability to pursue employment.

He has also incurred substantial medical costs, the suit states.

He claims Keller Construction was negligent because it failed to provide Birdsell with a safe place to work and allowed him to stand on improperly assembled scaffolding.

Dayton Superior Corporation was negligent because its product – the scaffolding – was defectively designed and manufactured and lacked adequate warnings of danger and instructions, according to the complaint.

He also claims the company designed scaffolding with bolts of inadequate strength and failed to warn users of the deficiency.

In the three-count suit, Birdsell is seeking $150,000, plus the costs of the suit.

He is represented by Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

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