Companies involved in the construction of the Poplar Street Bridge argue that the plaintiffs fail to sufficiently allege that a dangerous condition existed in a wrongful death suit claiming an auxiliary officer fell through an opening on the bridge while pursuing a suspect.
According to the complaint, Washington Park auxiliary police officer Ricardo Davis, 44, was in a foot pursuit of a suspect in the line of duty at 3 p.m. on Oct. 27, 2018, when he allegedly fell through an opening on the bridge and fell. The fall caused his death, the suit states.
KCI Construction filed a motion to dismiss the complaint for failure to state a claim on Nov. 25 through attorney David Berwin of Evans & Dixon LLC in St. Louis.
In its memorandum of law in support of its motion to dismiss, KCI Construction argues that the plaintiffs fail to allege sufficient facts given rise to a legal duty owed by the defendant, fail to identify a dangerous condition and fail to plead facts showing a causal connection between the construction work and the incident.
“As a threshold matter, plaintiffs do not identify the relationship between Mr. Davis and KCI,” the memorandum states. “Plaintiffs do not allege that the injury occurred at the site where any work was being done, only that Davis fell through an opening on the Poplar Street Bridge, and that KCI was somehow responsible for safety at the bridge.”
KCI Construction argues that the complaint seems to allege a duty of a possessor of land, but fails to meet the minimum requirements. Specifically, KCI Construction argues that the plaintiffs fail to allege that the condition of the premises was dangerous, was related to the work being performed or was supervised by the defendant.
“All that can be gleamed from the complaint is that KCI was doing work on the same bridge where plaintiff fell,” the motion states.
“There is no allegation that the opening so identified was dangerous or presented an unreasonable risk of harm to Mr. Davis,” it continues.
Further, the defendant asserts that the complaint “simply alleges” that Davis fell through an opening on the bridge during the police pursuit.
“There are no facts plead which if true, would show that he was exposed to an unreasonable risk of harm,” the motion states.
KCI Construction argues that work being done at a construction site does not mean liability exists.
“The complaint’s effort to establish a duty of care is analogous to seeking recovery against a roofing contractor for a defect of the sidewalk,” the motion states.
KCI Construction claims it is entitled to dismissal. In the alternative, it requests an order requiring the plaintiffs to plead a more definite statement of its cause of action with factual support.
Thomas Industrial Coatings also filed a motion to dismiss for failure to state a claim on Nov. 27 through attorney Brian McGovern of McCarthy Leonard & Kaemmerer LC in Town and Country, Mo.
The defendant argues that the plaintiffs fail to allege a dangerous condition existed, fail to allege facts establishing a relationship between Davis and Thomas Industrial Coatings, fail to plead facts showing the defendant’s negligence was the proximate cause of Davis’ death and fail to show the defendant had a contractual duty of care to maintain a safe work site.
D&K Welding Services filed a motion to dismiss on Dec. 4 through attorney David Walker of Walker Wilcox Matousek LLP in Chicago.
The defendant argues that since filing the complaint, the plaintiffs have not effectuated service on the D&K Welding. The defendant still became aware of the complaint on Nov. 17 through unspecified means.
D&K Welding also argues that the plaintiffs failed to allege demonstrating that it owed a duty to the decedent, that its work on the bridge was negligent, or that its work caused Davis’ injuries. The defendant argues that the plaintiffs also fail to argue that the opening on the bridge was a dangerous condition.
Jacquelynn Davis and Romero Davis, independent administrators of the estate of Ricardo Davis Sr., filed the seven-count complaint on Oct. 27 in the St. Clair County Circuit Court against KCI Construction, Thomas Industrial Coatings, and D&K Welding Inc. The case was removed to the U.S. District Court for the Southern District of Illinois on Nov. 24.
According to his obituary, Davis leaves behind three daughters and three sons.
At the time of the incident, the bridge was under construction by KCI Construction, Thomas Industrial Coatings and D&K Welding. KCI Construction subcontracted work to the other two defendants.
“That at the same time and place, KCI retained control over the construction through its contract with the State of Missouri,” the suit states.
The suit states that “a general contractor controls operative details of the work done by its subcontractors, it assumes an agency role and therefore a duty to maintain a safe construction site and to protect others from the acts and/or omissions of its subcontractors.”
The plaintiffs claim the defendants owed a contractual duty to maintain a safe work site.
The defendants are accused of breaching their duty by negligently failing to maintain the construction site and surrounding area in a safe condition, failing to provide proper safety oversight on the construction project, failing to warn of the hazardous conditions, failing to supervise its employees, failing to stop work at the construction site, violating safety standards, and storing its equipment in a way that caused danger to the decedent and others.
As a result Ricardo Davis fell to his death. He sustained “numerous, severe, disabling, disfiguring and fatal injuries to his body and suffered physical and mental anguish.”
The plaintiffs seek a judgment in excess of $50,000 for each count, plus court costs.
They are represented by Jason Caraway of Caraway, Fisher & Broombaugh PC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1266