The mother of a deceased man has filed suit against the manufacturers of heavy machinery, alleging her son died after the machinery fell on top of him, crushing him.
Amy Ciborowski claims her son, Keven Ciborowski, was working for defendant Wedekemper's Construction on Sept. 21, 2011, and was attempting to construct a metal tower for a grain elevator in Pinckneyville. To construct the tower, Keven Ciborowski and his co-workers were using a truck with a mounted boom and crane assembly on the back, according to the complaint filed Dec. 9 in St. Clair County Circuit Court.
"Decedent and his co-employees attached one of the assembled legs of the base section of the tower to one or more straps which were then slung over the crane hook from the subject truck so that the section of the metal tower could be lifted into place," the suit states. "While one of decedent's co-employees was engaged in operating the subject boom and crane assembly in an attempt to lift the above-referenced section of the metal tower, the boom and crane assembly failed, causing the metal tower to shift and fall onto Decedent's head and body, crushing decedent and resulting in his death."
Because of her son's death, Amy Ciborowski claims she and other family members suffer from the loss of his society and companionship and have experienced grief, sorrow and mental suffering.
Wedekemper's is blamed for contributing to Keven Ciborowski's death because it negligently allowed workers to use a boom and crane assembly that was defectively designed and manufactured, among other negligent acts, the complaint says.
Richie Brothers, which manufactured the machine, is also named as a defendant because its machine was defectively designed and manufactured, failed to adequately secure a load, failed to adequately bear a load and could not support intended loads, among other negligent acts, according to the complaint.
Amy Ciborowski alleges strict liability, willful and wanton conduct, breach of implied warranty, breach of express warranty and negligence against Wedekemper's and Richie Brothers.
In her 16-count suit, Amy Cirobowski is seeking a judgment of more than $800,000, plus costs and other relief the court deems just.
John G. Simon, Rachel L. Roman and Timothy M. Cronin of The Simon Law Firm in St. Louis will be representing her.
St. Clair County Circuit Court case number: 11-L-674.