Family settles suit over death at Time plant Family settles lawsuit over 32-year-old father's death at Time plant in Waco - Insurance News | InsuranceNewsNet

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December 16, 2023 Newswires
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Family settles suit over death at Time plant Family settles lawsuit over 32-year-old father's death at Time plant in Waco

Waco Tribune-Herald (TX)

The widow of a 32-year-old man killed in a May 2020 workplace incident at Time Manufacturing Co.'s Versalift plant in Waco has settled a lawsuit against Time and Dinamic Oil North America Inc., an equipment supplier.

Except for $150,000 annuities for Wesley Allan Reinke and Elizabeth Reinke's two young children, the terms of the settlement remain undisclosed at a hearing Friday before Judge Alan Bennett of Waco's 474th State District Court. Elizabeth Reinke had sought more than $1 million in damages in the suit filed in July 2020.

"Elizabeth is happy to close this chapter in her life," her attorney, John Mabry Jr., said after the Friday hearing. "Now she and her children can begin to move on with their lives."

The older child will receive monthly payments of about $1,450 from 2032 to 2044, in addition a lump sum of $20,000 in 2032 and 2035, and a lump sum of $25,000 in 2039 and 2044. The younger child will receive monthly payments of about $2,060 from 2037 to 2049, in addition to a lump sum of $20,000 in 2037 and 2040, and a lump sum of $25,000 in 2044 and 2049.

Austin attorney David Boyce, who represented Time, said after the hearing his client is happy to resolve the case. Dallas attorney Jon Melton, who represented Dinamic Oil, appeared by video link and did not comment after the hearing.

Waco attorney Michael Bourland, who was appointed guardian ad litem in the case to see to the welfare and best settlement for the children, said he is pleased with the result for the children.

Elizabeth Reinke sought only exemplary damages from Time and exemplary as well as actual damages from Dinamic Oil. It is unclear which company or insurer paid what portion of the settlement.

Waco attorneys Mabry, John Lewis and J.R. Vicha filed the suit on the family's behalf in July 2020 in Waco's 414th State District Court.

Wesley Reinke, 32, of McGregor, who led a team of welders, was working at the Time plant at 7601 Imperial Drive on May 4, 2020, when a crane fell on him, according to the lawsuit.

The lawsuit alleged negligence and gross negligence against the company, charging Time officials failed to provide proper tools and equipment; failed to properly train its employees; failed to properly supervise employees to ensure a safe work environment; failed to properly maintain work equipment; and failed to properly test and inspect work equipment.

"Cranes aren't supposed to fall on workers, and this family has suffered a catastrophic loss," Mabry said at the time.

The suit also alleged Time failed to warn Reinke of the defective or dangerous condition of the work equipment; failed to reduce work hazards; failed to implement safety guidelines and procedures; and exposed Reinke to dangerous work conditions.

"These conditions and activities existed despite the fact that defendant and its agents and/or employees knew or through the exercise of due diligence should have known of the existence of the aforementioned conditions and that there was a likelihood of a person being injured or killed as occurred with Wesley Allan Reinke," the lawsuit said.

At its Imperial Drive facility, Time makes vehicle-mounted aerial lifts used in telephone and power line maintenance sometimes known as "bucket trucks" or "cherry pickers." Dinamic Oil provides gear boxes which Time mounts on the trucks to turn cranes.

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