Read more: Local, Perry, Mo, Trench Collapse Lawsuit, Wrongful Death Suit, Missouri
RALLS COUNTY, MO. -- A judge by the end of the week plans to enter a decision in a wrongful death lawsuit filed by the widow of a Perry city worker killed in a trench collapse two years ago.
Twenty-nine-year-old Timothy C. Epperson and another Perry city worker, 19-year-old Tony Painter, were fixing a sewer line a block north of the downtown area when the sides of the trench collapsed about 7 p.m. Feb. 19, 2008.
In a one-day bench trial Tuesday, Circuit Judge Robert M Clayton II heard emotional testimony from Epperson’s wife, mother, father and sister-in-law.
They described the victim as a hard-working, unselfish family man who smiled often and enjoyed life.
Epperson's widow, Amy, filed the lawsuit on behalf of the couple's three sons, Bret, Gaven and Ty.
The lawsuit claimed the city was “grossly negligent” in failing to follow proper safety procedures and that Epperson was not experienced in excavations.
Perry city utility superintendent Donald L. Huff was named as the defendant.
Amy Epperson told Clayton how she was “scared to death” to raise the boys without her husband.
“I know I can’t be what Tim was,” she said through tears. “We did everything together. Being faced without him in my life and their life terrifies me.”
Painter and other witnesses confirmed that no safety equipment was used at the trench site, which had been dug up before, and that Epperson was training to be a journeyman electrician, not a laborer.
Painter vividly described the collapse of the 11.5-foot tall trench.
“I felt something hit me in the head and I looked around and seen the dirt and the wall coming in and I yelled at Tim,” Painter said.
Painter was buried to his waist and shortly thereafter felt dirt covering his head.
He never saw Epperson alive again.
A resident who lived nearby helped pull Painter to safety, but rescuers weren’t able to reach Epperson for about 25 minutes.
He was pronounced dead at Hannibal Regional Hospital later that night.
At the end Tuesday’s testimony, Clayton said there was a “very positive indication of liability” on the part of defendant, but wanted to review parts of the evidence before issuing a ruling.
Epperson’s attorney, Branson Wood of Hannibal, asked Clayton to consider a monetary judgment of $5 million to $10 million. Fifty percent would go to Amy Epperson, 35 percent would be split by the boys and the rest would go to the victim’s parents.
“Whatever the court can provide for the family will not replace their loss,” Wood said after the hearing.
An impact report prepared for Wood by a St. Louis economist showed Epperson’s wife and children would suffer a $1.2 million hit from his lost wages and other factors.
Perry City Attorney Joseph Brannon of New London did not call any witnesses and declined to comment after the hearing. However, Brannon told the judge during the hearing that the city conceded the accident was “tragic.” He asked that the damages be limited to $1 million to $3 million.
Former city lineman Harold Richard “Dick” Bloomfield was dismissed as a defendant.
