Gabriola Island families file civil suit after 2 men killed in worksite incident
The families of two men who were killed in a worksite accident on Gabriola Island, B.C., last year are filing a civil lawsuit for what they claim is negligent behaviour that led to the deaths.
The incident occurred on March 16, 2021, when two men who were residents of the southern Gulf Island were working on a home together.
The men were setting a concrete foundation when the extended boom of the concrete pumping truck they were using snapped and fell, striking Chris Straw and friend Marc Doré.
"Two cherished men died violent, horrific deaths in front of their loved ones," reads a statement from family members Wednesday.
Straw's wife, Margy Gilmour, and son-in-law, Jules Molloy, were reportedly at the site and watched the incident unfold, with Molloy attempting first aid.
TRUCK REPORTEDLY PREVIOUSLY DAMAGED
According to the family, a WorkSafeBC investigation report found that the same concrete pumper truck had its boom "substantially" damaged in a previous incident on Nov. 27, 2020.
"A weld repair was made, and a positive inspection report was issued without a proper inspection ever being conducted," the report said, according to the family, adding that the boom broke in the same area where the weld repair was made.
The civil lawsuit lists four companies as defendants: JinJin, Bedrock Redi-Mix Ltd., Alliance Concrete Pumps Inc., and Tripac Engineering Ltd.
The lawsuit claims that the concrete truck's boom was damaged when owned by Bedrock in 2020, and that the company did not record a fulsome report of how it was damaged.
Bedrock sought repairs from Alliance, and then an inspection from Tripac Engineering.
However, Bedrock did not disclose important details about how the vehicle was damaged, and both Alliance and Tripac failed to investigate the severity of the damage it sustained before approving it for use again, the lawsuit alleges.
Korean company JinJin is also listed in the lawsuit, since it manufactured the concrete pump used in the incident, which was made with "inadequate toughness," according to the lawsuit.
"We believe this tragedy happened because of a sequence of poor decisions and actions as outlined in the WorkSafeBC report," reads the statement from the family.
"Our families want to ensure that no other families face the anguish we are living with."
The families say they're also calling on regulatory bodies to increase oversight and enforcement of safety regulations in the concrete pumping industry.
CTV News has reached out to the companies involved in the lawsuit.
Bedrock Redi-Mix Ltd says it is unable to comment since the matter is before the courts.
None of the allegations in the lawsuit have been proven in court.
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