Construction companies that worked on the Poplar Street Bridge seek to dismiss an amended complaint alleging they failed to maintain safe conditions when a Washington Park Auxiliary police officer fell to his death while pursuing suspects on the bridge.
Jacquelynn Davis and Romero Davis, as independent administrators of the estate of Ricardo Davis Sr., filed the original complaint on Oct. 27, 2020, in the St. Clair County Circuit Court. The case was removed to the U.S. District Court for the Southern District of Illinois and the defendants’ first motions to dismiss were granted without prejudice on Jan. 19. The plaintiffs filed an amended complaint on Feb. 18 through attorney Jason Caraway of Caraway Fisher & Broombaugh PC in Belleville.
Defendant KCI Construction filed a motion to dismiss the amended complaint for failure to state a claim on March 3 through attorneys David Berwin and Robert Wulff of Evans & Dixon LLC in St. Louis.
“Plaintiffs’ amended complaint made minimal and insignificant changes to their allegations and certainly did not cure the deficiencies of their original complaint as addressed by this court in its order,” the motion states.
KCI Construction argues that the amended complaint fails to plead facts establishing that it owed a duty of care to Davis, establishing a contractual obligation to maintain a safe work site extended to Davis and his presence on the bridge, establishing a causal link between the defendant’s actions and Davis’ death, establishing any dangerous condition of the bridge contributing to Davis’ death, and establishing that Davis’ fall was related to KCI’s work on the bridge.
“In sum, plaintiffs’ have failed to allege any facts which demonstrate the existence of a legal duty and cognizable cause of action and have failed, once again, to state a claim for which relief can be granted,” the motion states.
Thomas Industrial Coating filed a similar motion to dismiss the amended complaint on March 4 through attorney Bryan Kaemmerer of McCarthy Leonard & Kaemmerer LC in Town and Country, Mo. The defendant makes the same arguments as KCI Construction.
The defendants note in their memorandums in support of the motions to dismiss that according to news reports, Davis fell while attempting to jump from the westbound bridge platform to the eastbound bridge platforms, “nothing of which has anything to do with the actions or inactions” of the defendants.
The defendants further argue that they are only liable if a dangerous condition exists that others would not likely discover or realize.
“Illinois courts generally assume that fire, height, and bodies of water are open and obvious risks,” KCI Construction’s memorandum states.
As for the alleged contractual obligation, the defendants argue that they had no duty to maintain a safe jobsite for the public.
“Even if Mr. Davis is a member of the class of people who would be protected by a contractually assumed safety obligation, the complaint is so devoid of factual assertions outlining the scope of the obligation, it is impossible to tell whether the hypothetical terms apply to the incident,” the memorandum states.
D&K Welding filed a motion to dismiss on March 4 through attorney Kyle Greiger of Walker Wilcox Matousek LLP in Chicago.
“Plaintiff’s amended complaint failed to cure the noted deficiencies in the original complaint,” the motion states. “Plaintiffs’ amended complaint makes changes that are both insignificant and minimal. Plaintiffs once again fail to allege any facts to demonstrate that D&K owed decedent a duty, that D&K construction work on the bridge breached a duty, or that D&K’s construction work was the proximate caused (sic) decedent’s injury. Plaintiffs do not even allege that the opening through which decedent fell was a dangerous condition of the bridge.”
In its memorandum in support of its motion to dismiss, D&K Welding argues that the plaintiffs failed to identify a contract that would extend to Davis as a third-party beneficiary.
“Even if the contract exists and includes provisions that could be interpreted as extending a duty to Mr. Davis, they are impossible to identify from the bare conclusory allegations advanced in plaintiffs’ amended complaint,” the memorandum states.
According to the amended complaint, Ricardo Davis was working as a Washington Park Auxiliary police officer and was in pursuit of suspects in the line of duty on Oct. 27, 2018, around 3 p.m. During the pursuit, Davis allegedly fell through an opening in the Poplar Street Bridge in St. Clair County, resulting in his death. At the time, the bridge was under construction by defendants KCI Construction, Thomas Industrial Coatings, and D&K Welding. More specifically, KCI Construction was working under a construction contract with the State of Missouri. Thomas Industrial Coatings and D&K Welding were performing subcontracted work.
The defendants allegedly owed a duty to maintain a safe work site for its employees and members of the public while on the bridge.
The defendants are accused of negligently failing to maintain a safe construction site, failing to provide proper safety oversight, failing to warn Davis of the hazardous conditions, including fall risks, failing to properly supervise its employees, failing to stop work when it caused a danger to others, violating safety standards and storing its equipment in a way that created a fall risk.
As a result, Davis fell from the bridge and sustained numerous severe and fatal injuries to his body.
Davis leaves behind three daughters and three sons.
The plaintiffs seek a judgment in their favor in excess of $50,000 for each count in the complaint.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1266