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

Commentary:

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

Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
— Tophat
I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
— Leif Burton
I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
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I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
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Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
— Mercedes Stanley
Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
— Erik Hofmann
I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Thank you <3
— Victoria

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