A construction company accused in a man’s lawsuit claiming he came into contact with a live electrical wire while doing carpentry work seeks to dismiss the complaint on the grounds that the allegations are not facts.
Defendant Williams Brothers Construction Inc. filed a motion to dismiss or strike on Nov. 8 through attorney William J. Knapp of Knapp, Ohl & Green in Edwardsville, claiming the allegations of negligence are not based on fact but are “mere conclusions of the pleader.”
According to the complaint filed Aug. 26, Harold Brent Schott claims he was working as a carpenter for Hoelscher Interiors on July 27, 2012, at Southern Illinois University at Edwardsville when the incident occurred.
Williams Brothers was the general contractor for the project and instructed Schott to build a soffit, which required him to work on a scaffold, the suit states.
“While performing the work,” the complaint alleges, “a live wire made contact with plaintiff’s left arm, blowing him off the scaffold and into the ground.”
Defendant Pyramid Electrical Contractors filed a motion to compel on Nov. 14 through attorney Amy L. Jackson of Rammelkamp Bradney PC in Jacksonville. It claims it served its request for interrogatories and production on Sept. 11, 2013, and has not yet received a response.
Circuit Judge William Mudge stated in an order that the motion is still pending and will plan a motion hearing on the issue.
Pyramid Electrical is blamed for creating a condition of live, exposed wires, failing to make other contractors aware of the live wires, failing to warn workers of exposed wires, failing have exposed wires tied up and out of the way of workers and failing to have proper safety meetings.
Williams Brothers is blamed for causing the incident, failing to coordinate various trades to prevent live wires from being present in the workplace, failing to be aware of the areas of the job site that contained hot, exposed electrical lines and ordering workers to work in areas that contained exposed lines.
Schott seeks a judgment of more than $100,000.
Mudge scheduled a case management conference for Feb. 26.
Jarrod P. Beasley and Matthew P. Young of The Kuehn Law Firm in Belleville represent the plaintiff.
Madison County Circuit Court case number 13-L-1426