
Created: Thursday, November 20, 2008 12:00 a.m. CDT Updated: Wednesday, May 20, 2009 3:05 a.m. CDT Leepertown accident results in lawsuitBy Donna Barkerdbarker@bcrnews.comBUREAU — A 2006 accident at the Leepertown Grade School has resulted in a lawsuit against the Daktronics sign company. Karen Erwin and her son, Richard Erwin Jr., were working in the Leepertown gymnasium on April 19, 2006, when a basketball scoreboard fell on them. An employee of the Daktronics sign company was working to remove the scoreboard at the time of the accident. Karen Erwin, Richard Erwin Jr., and Karen’s husband, Richard Erwin Sr., have filed their lawsuit against Daktronics Incorporated and Daktronics’ employee Jose Vargas. Representing the Erwins is Peru attorney David Olivero. In the 17-page lawsuit, Olivero said Vargas was in the process of removing an existing basketball scoreboard that was secured to the gym wall when the accident happened. Vargas was standing on a non-self-supporting ladder, when the base of the ladder slid on the wooden gym floor, causing Vargas to strike his head and fall to the floor, Olivero said. As Karen Erwin was providing first aid to Vargas, the scoreboard became dislodged from the wall and fell, striking Karen and causing severe and permanent injuries and disability. The scoreboard weighs more than 200 pounds, Olivero said. In his section of the complaint, Richard Erwin Jr. clams he was also providing Vargas with first aid when the scoreboard fell and struck him as well. Karen Erwin and Richard Erwin Jr. are charging Daktronics and Vargas with two counts of negligence action. In his portion of the lawsuit, Richard Erwin Sr. claims the 2006 accident caused him to be deprived of the “support, affection and companionship of his wife”. He is charging Daktronics and Vargas with two counts of loss of consortium. The plaintiffs are requesting a trial by jury. Comment on this story at www.bcrnews.com. |
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