Workplace accidents happen, but it’s not common for many of those accidents to be fatal. Unfortunately, they do happen on occasion, and sometimes lawsuits are filed as a result. Such is the case of a man “who died after a 2016 explosion at a Glenville asphalt production facility.” As a result of his death, the man’s estate is suing “the owner of the facility and others over his wrongful death.”
Workplace accidents happen, but it’s not common for many of those accidents to be fatal. Unfortunately, they do happen on occasion, and sometimes lawsuits are filed as a result. Such is the case of a man “who died after a 2016 explosion at a Glenville asphalt production facility.” As a result of his death, the man’s estate is suing “the owner of the facility and others over his wrongful death.”
The negligence lawsuit was filed by Betty J. Crowter in state Supreme Court in Schenectady County and is seeking “compensation for the injuries to, and death of, her son, Alfred J. Crowter, who was a Mohawk Asphalt Emulsions employee.” Mrs. Crowter’s lawsuit is the second one filed in connection to the deadly blast. The first was filed by “Karen Nichols, the widow of Mohawk Asphalt employee Joseph Nichols.” According to her lawsuit, her husband “died from his injuries two days after the explosion.”
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According to the most recent lawsuit filed by Mrs. Crowter, “Mohawk Asphalt, parent companies Gorman Brothers and the Gorman Group, Cady Co., and Unifirst Corp., maker of the company uniform Crowter was wearing on Oct. 17, 2016, when the explosion occurred,” are named as defendants.
But what happened? How did the fatal explosion occur? The incident happened at the Mohawk Asphalt facility off Freemans Bridge Road. Prior to the explosion, Crowter and Nichols were tasked with “loading a mixture of 50 percent kerosene and 50 percent asphalt into a tanker-trailer when the mixture became clogged in the transfer line.” As a result of the clog, “Nichols was directed to use a propane blowtorch to heat the line to loosen the clog when the mixture ignited and exploded,” according to the suit. An investigation performed later on determined the explosion occurred because of “unprotected and inadequate storage tank lines that clogged, as well as the use of an open flame blowtorch to break the clog,” according to the lawsuit.
Following an investigation into the incident, the U.S. Occupation Safety and Health Administration (OSHA) “cited Mohawk Asphalt for two serious violations, including not taking precautions against having sources of ignition where flammable vapors are present, and not having employees wear proper personal protective uniforms while handling hot asphalt.” As a result of the violations, the company paid a fine of $17,745 in May 2017 “and had corrected the issues,” according to OSHA.
According to the suit, Crowter was 42-years-old and had “worked for the company for nearly two years.” Two weeks after the accident, he died from “burns and other injuries he suffered when he fell from the top of the tanker-trailer.” At the moment his mother isn’t seeking “a specific damage figure,” though the suit points out that she “incurred medical, hospital and funeral expenses on behalf of the estate due to the incident.” She is also seeking wrongful death compensation.
The defendants have yet to comment on the pending litigation.
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