Family of worker killed in St. Paul sewer sues
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posted by Bob at Saturday, January 12, 2008
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Saturday, January 12, 2008
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31 Comments:
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Joe Harlow, who drowned with Dave Yasis in a downpour last July, was wrongly put in a dangerous situation, a lawyer asserts.
By ANTHONY LONETREE, a nd CHRIS HAVENS
Last update: January 11, 2008 - 10:40 PM
The family of one of the two sewer workers who died in July after being swept from St. Paul's storm tunnels into the Mississippi River has filed a wrongful-death suit against the city and the firm hired to oversee work in the tunnels.
Harry Sieben, attorney for the family of Joe Harlow, said Friday that an expert he'd hired to review the case concluded: "Very simply, the work should not have occurred on the day that it was likely to rain."
Harlow, 34, of Plainview, Minn., and Dave Yasis, 23, of Maplewood, were killed when a sudden downpour swept them away before they could climb up a sewer shaft in the Frogtown neighborhood.
Yasis' family also has retained Sieben's firm, the attorney said, but has not yet taken legal action.
The lawsuit alleges CNA Consulting Engineers Inc., which contracted with the city to repair the storm tunnels, "negligently and carelessly caused" Harlow's death by failing to maintain a safe work environment.
Harlow and Yasis were employed by Lametti & Sons Inc., of Hugo, which did the actual sewer rehabilitation work.
The lawsuit contends the city, as owner of the tunnels, was "vicariously liable" for CNA's actions.
A CNA representative could not be reached to comment.
But City Attorney John Choi said Friday that the city negotiated a clause into the contract that it believed obligates the contractor to defend it and to pay for any losses.
The deaths were "a tragic event," he added, "and everyone throughout the city was impacted by the loss of life."
In July, the Star Tribune reported that a 2006 city tunnel-conditions report had stated: "The contractor should anticipate that tunnel evacuation will be required whenever the temperature is above 32 degrees F when snow is present or before any rain event."
A state investigation into Lametti's actions remains open, a spokesman for the state Occupational Safety and Health Division said Friday.
alonetree@startribune.com • 651-298-1545 chavens@startribune.com • 651-298-1542
Sue Sue Sue Sue.......everyone wants to sue the city! When is it going to end?
2:59 AM Anonymous said...
Sue Sue Sue .......everyone wants to sue the city! When is it going to end?
X
This is when!
When the City Stops USING PEOPLE as GINEYPIGS or Replaceable objects.
X
Law Suits Work better Then Talking To The City.
10:05 Its 'guinea pig'.
You also have a hard time comprehending what you read.
The city is named only as owner, the lawsuit alleges CNA Consulting Engineers Inc., which contracted with the city to repair the storm tunnels, "negligently and carelessly caused" Harlow's death by failing to maintain a safe work environment.
The negligence is by CNA, but because it was on city property so the city is 'vicariously responsible'.
I'm glad that the landlords are in favor of this suit. You see, the next time something happens at your property that results in a crime, tragedy or even diminishing the value of surrounding properties, be prepared to get sued for being 'vicariously liable'.
I thought you folks were all about not blaming the property owner but the actual individual? If that's the case, then you should be rallying behind the city on this one.
Blows your mind, doesn't it?
Eric <-still watching and laughing.
There are some people who hate the city so bad they would fine if the city got sued for having the wrong name.
This comment has been removed by the author.
Eric doesn't understand these complicated things Nancy. If you could make it as simple as just sticking your head in the sand, then he would be able to "get it." Can you try again dear?
Where does it imply that Nancy? You're pointing out direct cause where the suit against the city uses the term 'vicarious'.
The paragraph you point out actually says that a 2006 CITY report points out the danger specifications that any contractor must be aware of.
Nowhere do I read that it kept this information from the contractor. I read further that the city's contract has a provision obligating the contractor to defend its own actions.
You also have to really look at the precedence of 'vicariously liability'.
Omitting information that is life threatening, would be direct cause. There is no direct cause on the city's behalf. They are guilty only because of their ownership.
The article points this out clearly.
I will be watching this one. If it prevails, then you can be sure to see a group of us suing the slumlords for everything from wrongful deaths to forcing adverse economic hardship on the surrounding properties.
So, if I'm right, nothing happens to the city in this case. If I'm wrong, we see that we CAN hold the actions of others to the property owner and then we'll be able to take some of you on directly.
Like I said, your minds must be blowing with this one.
Ha. Ha. Ha.
Eric<------
Hey Eric why don't you go help some more inner city kids and beat up people at bars.
Just beause you can type doesn't mean your intellegent!
Hey Eric maybe the landlords can start taking your kind to court and sueing them for tearing the piss out of properties and distroying neighborhoods. .Wait they have no money.I'd rather live in a neighborhood of Al Qeida then a neighborhood of african americans.Lets face it Eric black america is in trouble.
And you should be thankful to landlords in the city Eric because without them your people would be homeless.
George
Eastside
Not my style 2:57pm. I only go to St Paul bars with my neighbors, who are mostly middle-aged and white(who can both kick my ass in cribbage and beer).
By the way, its 'because', 'you're', 'intelligent' and 'inner-city'. You've got to put that hyphen there to make clear the unifying sense of the compound expression 'inner-city'.
I don't think I'm intelligent because I can type. I think I'm intelligent because I can hold my own on what I type in spite of almost the entire forum dedicating itself to a different viewpoint.
Even you had to try and throw a personal insult at me but, as others, you failed and showed yourself to be of little consequence.
Have a good Sunday.
Eric<---------
George,
You've already proven yourself to be an ignorant, frightened, hateful, liar and a waste of hemoglobin.
We should sue your ass for assault on our English language. You must have a had a woman teacher. A guy like you would be offended that a woman was going to teach him anything so you apparently taught her a lesson and stayed as dumb as the day you walked into the Fourth Grade.
I'll let your other comments stand and proof of what I said about you at the top of this comment, as well as throughout the thread that we both have made comments on.
He does however make the case that the tenants' interest are not behind the lawsuits.
Good job, Jackass.
Eric<---------
Gotta take the boys up the park for a little practice on the ice. I'll continue with you Mugs later.
Try not to file another suit before tonight. Its getting hard to keep up.
Eric
Eric, thanks for the laugh.
Alex
This comment has been removed by the author.
Look folks they have to sue the City even if who ends up paying is the contractor. The City owns the sewer and it hirers the contractor to do the work.
There is always some degree of liability there for the potential of a suit.
Also on any of these the contractor carries a certain amount of insurance and co-insures the City before they get the contract.
JMONTOMEPPOF
Chuck Repke
Thanks Chuck...
Now Remember that chuck, the city is responsible to a point.
So in these human rights and discrimination cases a person brings against the city, tjhe city can and will be sued.
One time Repke stood up and said the truth about the city and their people being responsible.
The city workers and the code compliance people are city responsibility.
Or do we say irresponsible?
Thank's Chuck for being on the city's side in these debates on
A-D and E-D, your city is accountable for their actions.
Eric if you think my english is bad you should talk to a couple black americans.It must be true that you hang with a lot of white folks.You play cribbage,hockey drink beer and so on.Are you ashamed of your own race?
And by the way I did finish grade school,highschool and college and went on to be a police officer.I've seen it at the street level my friend.
Just keep trying to be someone your not.
George
This comment has been removed by the author.
The trouble with the cops today is that most of them have already taken sides and made up their minds. They're not objective when they come out to supposedly help you. Most of the time they have some song and dance about why they can't do anything.
George, you're embarassing yourself. Just stop. You're showing us why your wife left you. You just don't know when to shut the hell up. So, I'm telling you, now is the time to stifle your gums.
Like Nancy, I have helped keep young black people on the straight and narrow. I use a different tactic. I understand that to some extent I have to be a decent example, not a perfect one but, a decent one.
My friend who lives around the corner is a black man from Chicago, around 30 years old and is a great business litigation attorney. A couple more of our friends who are black, under 35 and live on the east side are attorneys, a teacher, PR professional, and an insurance drone. That's part of my small group.
The world is changing George. There are many more out there like us, that's just our little group. We all work in the community with those of us who are not as fortunate.
So, keep drinking your hooch and watching 'COPS'. Its going to get a lot more confusing for guys like you. This is America and we can do whatever we want.
While you're still coherent, get your money back from that 'college'. Hell, sue the whole East Kentucky School System. They obviously gave up on you in the Fourth Grade.
Go back to insulting unnamed blacks, you're in over your head talking to me. I'm just going to piss you off and make you feel even smaller than you really are.
Eric<--------
ps- I missed the part in history where blacks can't drink, play sports or cards. I thought guys like you pushed the idea that's all we do?
Eric Obama for president!
But you keep responding.Do you want to meet to beat me up?
George
You hold yourself out to be "Decent" example to people Eric? What a darn joke. You stick up for the corruption that is going on in the city every time something new happens to someone, and by doing that you are sticking up for the white machine that's chasing your own darn people out of here. Or are they not your people because they are not educated and have college degrees? Are the rights of the poor and uneducated just as important to you as the educated elitests Eric, or are you just another phoney like the rest of the political machine around here? When you gonna get a back bone and stand up for something other than the staus quo? You're an embarrassment Eric. I don't think I'd want anyone to know you were my friend.
Ummm, I'm not your friend 4pm. Actually, I don't think anyone is your friend. Maybe that's your problem. I don't hold myself out, up or anywhere to be more decent or better than anyone. I do what I do without fanfare or credit. I have NOT done anything that anyone can't do, so no reason to think and or hold myself above anyone- except you pea brains. You pea brains have tried to put me in a category and it just doesn't fit. So you now step up from anonymity and try take a personal shot.
Why don't you call George and you two can drink yourselves blind and talk about the city officials and employees are ruining our town adn George can correct you with his theory on how its the minorities ruining it.
Ma'am, maybe the reason I can't stand you slumlords and lazy ass complainers is because many of the people I know and help, live in the conditions you provide. Maybe at one time in my life, I didn't have choices and had to live in the shit-shacks you call your business. maybe, just maybe I figured out how to not be without choices and dependent on others. And, maybe my friends and myself are working pretty damn hard mentoring and volunteering so that others won't be forced to continue to live in those conditions. Or, maybe my parents taught me early on, take care of yourself and get an education. Either way, the more people we can help figure out and focus on that the better.
There are thousands like me, hell, better than me in this state doing it too. Get out from behind those four walls and stop scanning the PiePress for the crime stories and maybe you'll see that life is what you make of it.
Also, if you live in the past, the present will roll your ass.
George, why would I beat you up?
Life has taken care of that for me.
Eric<--------
Eric lets just say you helped everybody in the black comunity and they all became products of society.
This would happen:
Houses and neighborhoods wouldn't get tore up and St.Paul could cut its police force by 75%.Don't belive me? Ask a cop.
Look at North mpls and the Eastside.A shit hole?Why? Must be because theres landlords.No because you haven't helped the black community enough.Keep up the great work.
The day the black community can act civil and be products of society is the day I am happy working elbow to elbow with them.
See Eric its not the content of their skin but the context of their character.
George
George I normally don't agree with what you say but,I agree with you here.
I think George just has a hard time explaining himself.
George that's umm content of character not...oh nevermind. That last statement is chocked full of more racist, bigoted stuff. It does however, end with a Minnesota Nice touch. This is probably the closest we'll get to a positive statement from George.
Allow me to address a couple of points before we end this:
1. Its not my job to help everyone but, to do what I can for those I come across and be sure I don't shut the doors of opportunity after I passed through them. The goal is not equal outcomes but, equal opportunity.
2. Your cop statement is from the vaults of the good ol' George that we all know. Of course if your statement was true, then all white communities across the state wouldn't need any cops. Even Dellwood and Grant contracts with the county for police services. St Paul has less cops that all other cities comparable to its size.
Since you only see things in black and white, I thought I'd bid you adieu with an insult in very old white english, and contemporary Sanford and Son style for your taste for black.
"I scorn you, scurvy companion. What, you poor, base, rascally, cheating, lack-linen mate! Away, you moldy rogue, away!"
Henry IV, part 2
and:
"Esther (George), you so ugly that if Moses saw your face, he'd parted it too."
Fred G. Sanford talking to his sister in-law.
Eric<---------
I didn't mean last sentence, I meant last post. The last sentence is fine.
Eric<-----
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