Forklift accident spurs wrongful death suit question

In a recent case, the family of an independent contractor’s employee sued the contractor’s hirer, alleging its negligence was a substantial factor in the employee’s death. Under California law, employees of independent contractors can’t sue the person who hired the contractor to recover damages that are compensable under workers’ compensation. To fall under an exception to that rule, the family attempted to prove the hirer controlled the safety conditions at the worksite that affirmatively contributed to the employee’s death.

Mechanic’s heirs file wrongful death suit

Sherry Horne and Rashawna, Rashad, and Rashell Dickerson are surviving heirs of Ruben Dickerson. Ahern Rentals, Inc., leases forklifts and heavy-duty equipment. Ruben was employed by 24-Hour Tire Service, which provided tire repair and replacement for Ahern’s equipment.

On November 24, 2015, Ruben was killed on Ahern’s premises while replacing the tires on one of its forklifts. His surviving heirs were paid workers’ comp benefits by 24-Hour Tire’s workers’ comp insurer.

The Dickersons filed a wrongful death lawsuit against Ahern alleging it negligently failed to provide a stable and level surface for the tire change, allowed the tire change to proceed with the forklift’s boom raised, which caused the forklift to sway and collapse, and failed to properly train its employees and independent contractors to whom it assigned the forklift’s maintenance and storage.