Cell Tower News: More lawsuits filed over tower deaths

by Jarad Matula June 11, 2015

written by Jarad Matula June 11, 2015

Lawsuits over 2014 tower collapse continue

Two weeks ago RCR Wireless News reported that a lawsuit had been filed by the family of a firefighter who died in an attempted rescue from a 2014 cell tower collapse in West Virginia. This was apparently just the beginning, as it has now come to light that not only have lawsuits been filed on behalf of the two tower climbers killed in the collapse, but there are also lawsuits from the two workers injured during the incident as well.

The wrongful death lawsuits were filed by the administrators of the estates of Kyle Kirkpatrick, 32, of Hulbert, Okla., and Terry Lee Richard Jr., 27, of Bokoshe, Okla.. Personal injury lawsuits were filed by Randall McElhaney, 29, formerly of Gore, Okla., and Jerry Hill, 50, of Muskogee, Okla. The previous lawsuit filed in this incident was on behalf of firefighter Michael Garrett.

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Three of the four latest lawsuits name SBA Communications Corp., as well as three subsidiaries, and FDH Velocitel. Three of the four lawsuits are also represented by the same lawyers, Damon Ellis and Jonathan Mani.

All of the lawsuits make the same assertion, which is that faulty methods were used to shore up the main tower when attaching additional equipment. Remember, additional equipment means additional money being made off the tower. With all that new potential revenue wouldn’t it be worth a little extra to ensure the towers were capable of handling additional capacity, or safe to climb in the first place?

OSHA gets NATE assist

Remember when OSHA wanted feedback from the tower industry to get information on increased communication tower safety? Most of the tower industry did not even bother to respond, raising the ire of some. With still very little response, OSHA has turned to NATE for assistance in completing its quest for information.

“The association’s responses to the questions outlined in the RFI reflect NATE’s role as the industry leader in safety, standards and education, and highlights the ongoing initiatives that private industry is working on to raise the bar on worker safety and quality,” NATE Executive Director Todd Schlekeway said.

Don’t forget, the deadline for submitting responses to the OSHA RFI is June 15. To submit comments and additional materials electronically in the Federal Register, click here.