Widow Wins $8.5M Settlement After Worker Run Over by Dump Truck

The widow and heirs of a Minnesota construction worker who was killed when run over by a backing dump truck have settled a lawsuit against the driver’s employer for $8.5 million.

The settlement’s large amount was partly the result of a change in state law in 2023 that allows plaintiffs in wrongful-death claims to seek damages for the physical pain and emotional distress caused before the death. In this case, it covered the period between the moment Peter Michael Davis was first struck until he died.

Davis, 61, was working for a subcontractor on a street reconstruction project in St. Paul on September 28, 2022, when a driver for Zi-Zack Concrete Inc. of Le Center was backing a loaded dump truck and ran over him. Davis was crushed and pronounced dead on the scene.

Police had determined no impairment by the driver, but an investigation by a law firm hired by Davis’ widow, Kristi Marie Davis, uncovered preliminary test results from a nearby hospital that indicated evidence of cocaine and THC from marijuana in his system. The test results were not reported to the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse for six months, and a judge ordered spoilation-of-evidence sanctions against the defendant.

The driver’s mobile phone was also damaged after the incident and turned in for replacement to a phone company, making it unrecoverable by the plaintiffs. A judge ruled that prevented potential evidence from being available to the plaintiffs and again granted spoilation sanctions against the defendant.

"During our investigation of Peter's tragic death on behalf of his widow Kristi Davis, we uncovered several serious failures on the part of the defendant," said Jeffrey S. Sieben, an attorney with SiebenCarey Personal Injury Law. "These included drug use by the driver of the truck, destruction of evidence, and negligence in drug testing and other safety protocols. In other words, if the rules would have been followed, Pete would still be here."

What happened?

According to court records, Davis had retired after a career of more than 40 years with the St. Paul Regional Water Services Department. He later went to work for SGP Contracting Inc. of St. Paul, which was hired as a subcontractor on the Wabash Street Reconstruction project.

Dawson James Richard Barber was an entry-level CDL operator for civil concrete contractor Ti-Zack. At about 3:30 p.m.  September 28, 2022, his truck was being loaded by an excavator for about 15 minutes, while Barber sat in the driver’s seat and watched through the driver’s side mirror.

Plaintiffs alleged he did not look out the passenger’s side mirror before and during backing up after the truck was loaded. He didn’t see Davis and ran over him.

There was no spotter behind the truck. A backup alarm was not installed properly, and Davis could not hear it backing, according to a construction-safety expert witness for the plaintiffs.

The expert also reported Ti-Zack had losses from backup accidents in 2015, 2016, 2017, 2019, 2020 and 2021. It was also revealed that the day before the incident, a Ti-Zack excavator backed into an SGP Contracting foreman’s vehicle, and the city of St. Paul was not notified as required.

The plaintiffs also argued the truck driver was impaired, that Ti-Zack had no written plan for backing up trucks and equipment on the jobsite, and it had failed to properly train the driver.

The incident was caught on surveillance video and showed Davis looking back at the truck several times before it backed up, and he only heard it just about a second before he was struck, according to court records.

Minnesota OSHA cited Ti-Zack with three serious violations March 17, 2023, and issued a proposed penalty of $50,400. Ti-Zack contested the penalty, which was reduced to $40,400.

SGP Contracting was cited with one serious violation and issued a $25,000 fine.

OSHA gave the following description of the incident on its online record:

“At 3:30 p.m. on September 28, 2022, an employee was standing in the middle of a closed road when he was struck and crushed by a dump truck backing down the road. The employee was pronounced dead by emergency personnel at the scene.”

New Law Affects Settlement

Kristi Davis as trustee for heirs and next of kin for Peter Davis filed a wrongful-death lawsuit against Ti-Zack on April 28, 2023, in Ramsey County 2nd Judicial District Court.

Ti-Zack denied it was negligent and careless or that the death was caused by the company. In its answer it said the death was the fault of Davis and the results of risks he “voluntarily and knowingly assumed.”

The incident was caused by factors or third parties beyond the company’s control, and it called for the case to be dismissed.

In his answer to Davis’ complaint, Barber also denied he was careless or negligent and made a similar response as Ti-Zack.

Ti-Zack sued SGP Contracting as a third party for not properly training and supervising Davis and argued it failed in its duties to Davis and was at fault for his death.

Before the case went to trial, a settlement was reached for $8.5 million to be paid as a liability claim by the Travelers insurance company on behalf of the defendants. The amount was split among the law firm ($3.285 million) and Kristi Davis, the heirs and next of kin.

A final judgment to dismiss the case due to the settlement was issued January 31 by Judge Mark Ireland.

According to Kristi Davis’ attorney, Jeffrey S. Sieben, “Part of the settlement included money for the agony suffered by Davis from the moment he was first struck to the time he lost consciousness and died. This award results from a new law in Minnesota granting relief for the pain a person suffers prior to death in wrongful death cases.”