Trench Death Lawsuit Heads to Trial

By: Cody Mann
Source: Albany Democrat-Herald, Ore. (TNS)

A wrongful death lawsuit filed on behalf of a Sweet Home man whose motorized wheelchair fell into an open construction trench is set for trial.

The lawsuit, filed in January 2024 by the estate of Carl Wescott, names the state of Oregon and three Lane County contractors: Wildish Construction of Eugene, C-2 Utility Contactors of Coburg and Lantz Electric of Eugene.

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Wescott died from injuries he suffered when his wheelchair tipped into a construction trench at the intersection of 18th Avenue and Main Street in Sweet Home in August 2022. He was allowed to cross through the construction site on his way to a store and fell into the trench on his way back.

After several court hearings, trial has been set May 2026.

Court documents describe Wescott as a 73-year-old military veteran who had multiple conditions, including kidney disease, atrial fibrillation and diabetes, and say he was unable to recover from severe injuries, dying two weeks after he fell. The lawsuit, which alleges negligence and wrongful death, seeks $2.35 million in damages.

“Carl Wescott spent his final days in a hospital bed instead of traveling with his sister,” the lawsuit states.

Wescott’s injuries included an open ankle fracture-dislocation, left upper arm bone fracture, left fibula fracture, and damage to his muscles, tendons, ligaments, nerves and soft tissues of his head, neck, shoulders, back, hips and legs, according to the lawsuit.

The attorney representing Wescott's estate did not immediately respond to a request for comment.

In response to the lawsuit, C-2 Utility, whose employee moved a backhoe to allow Wescott to cross the closed intersection, denied it was responsible for Wescott’s death, claiming in a court filing that he was negligent and responsible for his own injuries. A representative of the company could not be reached for comment.

A response document from Lantz Electric also claims it was Wescott who was negligent and caused his injuries and alleges Wescott was told not to reenter the construction site and instead find an alternate route through the area. The company declined to comment on the lawsuit.

The general contractor for the construction work, Wildish, said [in] its response the company did not control subcontractors Lantz and C-2, and echoes the claim that Wescott himself was negligent, leading to his demise. A representative of Wildish could not be reached for comment.

Wildish also filed a crossclaim against Lantz, which subcontracted C-2, for refusing to indemnify Wildish and the state as obligated by its contract.

The state’s response also puts the responsibility for his death on Wescott and includes a crossclaim against Lantz for refusing to indemnify the state and Wildish.

A spokesperson for the Oregon Department of Transportation declined comment, citing the pending litigation.

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