• September 30, 2022

David Poe Killed in Loading Dock Accident in Elsmere, KY

Elsmere, KY -- September 28, 2022, David Poe was killed following an accident where a truck hit Poe at a loading dock.

Investigators said the incident happened at Diversey Solutions, located at 7900 Foundation Drive.

Officials say that 58-year-old David Poe was working at the loading dock. A semi-truck was apparently backing up to a parked trailer, and it somehow hit Poe.

Due to the collision, Poe sustained fatal injuries. No other injuries were reported. Reports indicate that Poe was an employee for GXO Logistics. It's unclear what company the driver worked for. Additional details are unavailable at this time.

Commentary on David Poe Loading Dock Accident in Elsmere

Folks tend to overlook incidents like this because they assume OSHA and workers' comp covers everything automatically. That could be true here, but it's important to clear a few things up. One important detail is the companies of those involved in the incident.

David Poe Killed in Loading Dock Accident in Elsmere, KY

Workers' comp typically protects companies from being taken to court by their employees when those employees are harmed by themselves, the company itself, or a co-worker. However, if an employee from a separate company causes the harm, that could mean resolutions outside the confines of workers' comp remain intact, and victims and families can seek to hold those companies accountable. Perhaps that would apply here.

The other crucial factor to consider is the property on which this incident happened. Let me give an example. I handled a loading dock incident a while back in which a truck backed into a warehouse worker. When we looked into things, it turned out that the condition of the property itself contributed significantly to the incident. The lighting at the dock was practically useless, and the concrete approaching the dock was a deep 'V' shape that all but required truck drivers to gun it toward the dock to overcome the grade. It was a recipe for disaster, and the company's failure to address these hazards played a role in that worker's accident. Investigations into this property may reveal similar issues.

At the end of the day, a family deserves answers. Even if something like an OSHA investigation gives some answers, it may not provide the whole story, and it can take anywhere from 6 to 18 months. Families that pursue independent investigations often have a better chance of getting the answers they deserve. I see no particular reason why that wouldn't be true here, as well.

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