The family of a Washington Park Auxiliary police officer who fell to his death while pursuing suspects on the Poplar Street Bridge argue that their amended wrongful death suit sufficiently pleads that construction companies owed a duty to maintain a safe work site.
Plaintiffs Jacquelynn Davis and Romero Davis, independent administrators of the estate of Ricardo Davis Sr., filed a reply to defendant D&K Welding Services’ motion to dismiss on April 5 through attorney Jason Caraway of Caraway Fisher & Broombaugh PC in Belleville.
“Requirement that pleading contain a short and plain statement of claim showing that pleader is entitled to relief does not require detailed factual allegations, but demands more than unadorned ‘the defendant unlawfully harmed me’ accusation,” Caraway wrote.
The plaintiffs argue that their amended complaint satisfies the pleading requirements.
Caraway wrote that the complaint clearly details that defendant KCI Construction was working on the Poplar Street Bridge and had a duty to maintain a safe work site. He further wrote that KCI retained control of the construction over its employees and sub-contractor’s employees.
The plaintiffs add that they have “not yet been afforded the luxury of discovery in this matter which involves a complicated bi-state agency and private contractors construction project.”
D&K filed a reply in support of its motion to dismiss on April 14 through attorney Kyle Geiger of Walker Wilcox Matousek LLP in Chicago.
The defendant argues that in their response, the plaintiffs failed to address any of the deficiencies raised in the motion to dismiss.
“Rather, plaintiffs’ response is wholly centered on their allegations against KCI Construction,” Geiger wrote. “The response identifies an alleged duty on behalf of KCI Construction and provides no explanation as to how plaintiffs believe such duty is extended to D&K.”
D&K argues that the complaint does not show that it owed a duty or breached a duty to cause Davis’ death.
“Plainitffs’ amended complaint advanced numerous conclusive, groundless statements that fail to establish a cause of action against D&K Welding Services Inc.,” Geiger wrote.
The defendant filed its motion to dismiss the amended complaint on March 4.
“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.
The plaintiffs filed an amended complaint on Feb. 18 after the defendants’ first motions to dismiss were granted without prejudice. The suit was originally filed on Oct. 27, 2020, in the St. Clair County Circuit Court. The case was then removed to the U.S. District Court for the Southern District of Illinois.
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