New Castle, PA — A worker was killed after an accident at the loading dock at Lowe’s Home Improvement on West State Street in New Castle last Friday, May 24, 2013. The deceased man has been identified as Joseph Nogee, 31, from Sharon.
According to the news reports, Nogee was helping move cargo from a delivery truck to another semi-trailer in the loading dock area of the Lowe’s. After they finished, the driver of the deliver truck, 34-year Jeremy Eppinger, went to pull the truck forward so that the doors could be shut. Eppinger stated that his foot slipped off of the brake pedal and the delivery truck lurched backwards, pinning Nogee between the semi-trailer and Eppinger’s delivery truck.
Nogee was fatally injured and he was declared dead at a nearby hospital after being taken there by paramedics. The cause of the accident is still being investigated and police have released a statement saying that they believe it was an simply
Scene of the Accident
The details in this accident need to be further sorted out, but this will probably end up being handled by a workers’ compensation system - either state-run or otherwise. Though workers’ comp functions differently from state to state, it’s generally the exclusive remedy for any type of workplace accident when compensation is due to the victim or the victim’s family. Unfortunately, the compensation in an accident like this one will typically be limited by a cap on the wrongful death damages. This usually results in the family receiving much less than they deserve and the employer is immune from a lawsuit. It’s really only a good situation for the employer, realistically speaking. I would still recommend an investigation here, though, because some negligence may have been involved in the accident. Even if a routine has been followed many times, it doesn’t make it a good or safe one.
– Grossman Law Offices