An Iowa man has filed a lawsuit against his previous employer, claiming he was reportedly buried alive for 20 minutes during work hours.
The man claims he was buried alive when a trench collapsed at a construction site in Iowa and is now taking legal action against his former employer for gross negligence.
A complaint was filed in Iowa District Court on Thursday, Dec. 5, revealing that Trevor Kilgore worked for Iowa-based contractor Edwards Enterprises, which was hired to handle excavation and plumbing tasks at a new home site in Polk County. During that period, Kilgore was tasked with carrying out plumbing connection duties.
On June 12, 2023, a worker at Edwards Enterprises, as stated in the complaint, reportedly did not possess the necessary OSHA education and training to meet excavation safety standards for the job at hand, and proceeded to dig a trench with an excavator, according to the complaint.
The allegation further stated that Gregg Edwards, the head of Edwards Enterprises, failed to show up at the job site to verify the safety of the trench and its vicinity for his employees.
At approximately 1:25 p.m. local time, while Kilgore was engaged in work within the “12-foot deep, improperly benched, improperly shored, inadequately-protected trench,” the wall of the trench suddenly gave way, “completely entombing Trevor beneath a cascade of dirt,” according to the complaint.
As the structure gave way, Kilgore quickly maneuvered to the wall, curling his body to form an air pocket and protect his head from being completely crushed, according to the court records.
As he later described to a Polk County deputy while waiting in an ambulance to take him to a hospital, Kilgore said, according to the complaint, “I looked behind me and that entire wall was coming at me. I tried my best to scrunch, so it didn’t crush my head. It smacked my head against the other wall. And then I just yelled for help.”
The report highlighted that Kilgore was entombed by a massive accumulation of clay-like dirt approximately 10-12 feet deep in the trench, resulting in a collapse that severely impacted his body, affecting his head, neck, back, chest, arms, and legs.
The report indicated that Kilgore’s head was freed from the dirt after 5-10 minutes, but he remained trapped from the neck down for an additional 15-20 minutes, noting that he struggled to breathe because of the pressure of the dirt on him.
The legal document asserted that Gregg Edwards remarked to a Polk County deputy at the scene of the collapse, “Everyone can discuss support and containers, everyone can say all that stuff.” Is it hazardous? Absolutely. However, ensuring safety is quite challenging. It’s essential to bring someone in to ensure safety.
Thanks to the efforts of emergency responders, Kilgore was rescued from the trench and transported to an ambulance, “more than 30 minutes after he was buried alive,” according to the complaint.
The complaint indicated that Kilgore, having been buried alive in the trench collapse, “sustained serious and permanent physical injuries” along with “mental health injuries.” As a result of the incident, the lawsuit claims he has been unable to resume his position at Edwards Enterprises.
The lawsuit also includes Jerry’s Homes, R&D Plumbing, and the other worker who reportedly excavated the trench where Kilgore was expected to perform his tasks, claiming negligence on their part.
The allegation further stated that Edwards was aware that the work was deemed ‘unsafe,’ yet he neglected to adequately train his employees on safe practices for working in and around a trench.
Kilgore is pursuing unspecified damages in the complaint.