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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Construction worker sues over collapsed scaffolding

A former construction worker has filed suit against six companies, alleging he received severe spinal injuries after the scaffolding on which he was working plummeted to the ground.

Thomas Capstick was working on the Sugar Fork Creek Bridge construction project in Madison County on Dec. 22, 2006, when the scaffolding collapsed, causing him to fall to the ground, according to a complaint filed Nov. 24 in Madison County Circuit Court.

In addition to his disabling spinal injuries, Capstick lost large amounts of money because of his inability to pursue a normal, gainful occupation and has incurred substantial medical expenses, the suit states.

Elite Contracting, the company that directed, controlled, scheduled, monitored, participated in and inspected Capstick's work, was negligent because it failed to make a reasonable inspection of the premises and the work being done on them, failed to erect a reasonably safe scaffold and failed to warn of the unsafe scaffold, Capstick claims.

Dayton Superior Corporation, the company that manufactured and sold the scaffolding, was negligent because it failed to warn users that bolts in its scaffolding were of inadequate strength and because it designed a scaffold that was supported by bolts of inadequate strength, according to the complaint.

ITW Red Head, the company that manufactured and sold the bolts in the scaffolding, was negligent because it failed warn users that the bolts were of inadequate strength to support weights such as the scaffolding and because it designed bolts of inadequate strength, the suit states.

OK Fasteners, the company that sold the bolts, was negligent because it failed to warn users of the bolts' purposes, failed to properly inspect the bolts for defects and sold bolts of insufficient properties to support the scaffolding, Capstick claims.

Keller Construction, the general contractor for the construction project at the Sugar Fork Creek Bridge, was negligent because it failed to make a reasonable inspection of the premises and the work being done on them, failed to build a safe scaffold and failed to warn of the unsafe scaffold, according to the complaint.

In the 10-count suit, Capstick is seeking a judgment in excess of $500,000, plus costs.

Gregory A. Becker and Matthew R. Chapman of Becker, Schroader and Chapman in Granite City will be representing Capstick.

Madison County Circuit Court case number: 08-L-1122.

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