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WIDOW TO GET $5.35 MILLION
Canton Repository
Thursday, July 19, 2001
(Reproduced in-part from original article)CANTON ... With the crushed truck where David Courtney died parked outside the courthouse, three companies agreed to give his widow more than $5 million in compensation.
Wednesday's settlement abruptly ended a two-day civil trial in Stark County Common Pleas Court that focused on responsibility for Courtney's death.
One day earlier, Courtney's supervisor broke down on the stand as he recalled how Courtney feared for his life and had daily concerns about working as a scrap-yard driver for Albex Aluminum in Plain Township.
The bulk of the $5.35 million payoff will come from Albex and its parent company, RVM Industries. A body shop that had worked on the truck will be responsible for the rest.
"This sends a clear message to employers to protect their workers from injury and death," said Allen Schulman, attorney for Courtney's wife, Janet.
Her attorneys accused Albex and RVM of cutting corners by buying an undersized vehicle for a rugged job of hoisting and dumping 10-ton trailers of scrap.
The previous truck had a reinforced frame, something the 1968 Army truck Courtney was driving did not.
The 37-year-old Sebring man was crushed to death Jan. 7, 2000, at Albex's plant at 4416 Louisville Rd. NE. The cab and frame collapsed under a 50,000-pound load.
Jurors were able to see the mishap thanks to a distant security camera.
The truck and its predecessor were put on a flatbed truck and hauled to court as evidence. Passers-by could see the broken steering wheel and Courtney's work glove still sitting on a step.
After the settlement was announced, the plaintiff's attorneys remained critical of RVM head Jerry Pollock, accusing him of putting profits ahead of safety.
"This better send a message to Jerry Pollock that he better start thinking about his employees instead of his pocketbook," said Brian Zimmerman, Schulman's co-counsel.
The death was the third at a Pollock-run business and second at Albex, he said.
Pollock's son, Rick, defended the work climate in the family businesses in a written statement issued later.
"The Albex Aluminum Co. has always and will always remain extremely concerned about the safety of its employees.
"... Unfortunate accidents do occur and did so in this instance. It is the hope of both the company and the Pollock family that the resolution of this litigation will assist in the healing process of the Courtney family."
Albex and RVM had tried to blame Kagey's Body & Frame, a Nimishillen truck repair shop that had done some work on the Army vehicle.
But owner Morris Kagey said he was not asked nor paid to reinforce the frame.
The parties agreed the powerful testimony from the supervisor, William George, helped settle the case before it could go to the jury.
"This has been so hard on the family. It keeps them from having to live this again and again," he said.
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