IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`JOSEPH J. McCLOSKEY and JUDITH A.
`McCLOSKEY, Individually and as Administrators
`of the Estate of TY R. McCLOSKEY
`
`Plaintiffs
`V.
`
`SDI GAS, LLC, SHAFT DRILLERS
`INTERNATIONAL, LLC, CPV FAIRVIEW
`ENERGY CENTER, NORTH AMERICAN
`DIRECTIONAL, LLC and CHARLES J.
`MERLO, INC., JOHN DOE 1, JOHN DOE 2,
`JOHN DOE 3, JOHN DOE 4, JOHN DOE 5,
`JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE
`DOE 4, JANE DOE 5, ABC CORPORATION A,
`ABC CORPORATION B, ABC CORPORATION
`C, ABC CORPORATION D, ABC
`CORPORATION E, AND ABC CORPORATION
`F
`
`Defendants.
`
`FILED
`W9 DEC 10 AM 9: 08
`
`CIVIL DIVISION
`Yo ED — 19~V 12 §%
`
`JURY TRIAL DEMANDED
`COMPLAINT
`
`Filed on behalf of:
`
`Plaintiffs, Joseph J. McCloskey and Judith A.
`McCloskey, Individually and as Administrators of
`the Estate of Ty R. McCloskey
`
`Counsel of Record for this Party:
`Larry Bendesky
`
`Pa. ID#: 51026
`
`Adam J. Pantano
`
`Pa. ID#: 85261
`
`Robert W. Zimmerman
`
`Pa. ID#: 208410
`
`Scott A. Fellmeth
`
`Pa. ID#: 321505
`
`SALTZ, MONGELUZZI, BARRETT &
`BENDESKY, P.C.
`
`One Liberty Place
`
`52nd Floor
`
`1650 Market Street
`Philadelphia, Pa 19103
`(215) 496-8282
`
`Facsimile: (215) 496-0999
`Ibendesky@smbb.com
`apantano(@smbb.com
`rzimmerman(@smbb.com
`sfellméth@smbb.com
`
`Counsel of Record for this Party:
`Christopher J. Heavens
`Pa. ID#: 64645
`
`HEAVENS LAW FIRM, PLLC
`2312 CHICHESTER AVE.
`
`P.0. BOX 1948
`
`BOOTHWYN, PA 19061
`
`(610) 485-7989
`
`DOPS$ASHLEYOL
`
`10 December 2019
`9:4:16
`GD-19-017288
`
`
`
`
`
`
`
`
`SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C.
`
`BY: LARRY BENDESKY/ADAM J. PANTANO/ ATTORNEYS FOR
`ROBERT W. ZIMMERMAN/SCOTT A. FELLMETH PLAINTIFFS
`IDENTIFICATION NO.: 51026/85261/208410/321505
`
`1650 MARKET STREET
`
`52"P FLOOR
`
`PHILADELPHIA, PA 19103
`(215) 496-8282
`
`HEAVENS LAW FIRM, PLLC
`BY: CHRISTOPHER J. HEAVENS
`IDENTIFICATION NO.: 64645
`2312 CHICHESTER AVE.
`
`P.0. BOX 1948
`
`BOOTHWYN, PA 19061
`
`(610) 485-7989
`
`JOSEPH J. McCLOSKEY and JUDITH A. ALLEGHENY COUNTY
`‘McCLOSKEY, Individually and as COURT OF COMMON PLEAS
`Administrators of the Estate of TY R.
`McCLOSKEY CIVIL DIVISION
`135 Church Road
`Scenery Hill, PA 15360 JURY TRIAL DEMANDED
`
`Plaintiffs,
`V.
`
`SDI GAS,LLC
`130 Meadow Ridge Road
`Mount Morris, PA 15349
`AND
`SHAFT DRILLERS INTERNATIONAL, LLC
`130 Meadow Ridge Road
`Mount Morris, PA 15349
`AND
`COMPETITIVE POWER VENTURES, INC.
`8403 Colesville Road, Suite 915
`Silver Spring, MD 20910
`AND
`CPV FAIRVIEW, LLC
`2862 William Penn Avenue
`Johnstown PA 15909
`AND
`NORTH AMERICAN DIRECTIONAL, LLC
`130 Meadow Ridge Road
`Mount Morris PA 15349
`AND
`
`
`
`
`
`
`
`
`
`CHARLES J. MERLO, INCORPORATED
`234 Merlo Road
`Mineral Point, PA 15942
`AND
`JOHN DOE 1
`AND
`JOHN DOE 2
`AND
`JOHN DOE 3
`AND
`JOHN DOE 4
`AND
`JOHN DOE 5§
`AND
`JANE DOE 1
`‘ AND
`JANE DOE 2
`AND
`JANE DOE 3
`AND
`JANE DOE 4
`AND
`JANE DOE 5
`AND
`ABC CORPORATION A
`AND
`ABC CORPORATION B
`AND
`ABC CORPORATION C
`AND
`ABC CORPORATIOND
`AND
`ABC CORPORATION E
`AND
`ABC CORPORATION F
`Defendants.
`
`
`
`
`
`
`
`
`
`NOTICE
`
`“You have been sued in court. If you wish to defend against the claims set forth in the
`following pages, you must take action within twenty (20) days after this complaint and
`notice are served, by entering a written appearance personally or by an attorney and filing
`in writing with the court your defenses or objections to the claims set forth against you.
`You are warned that if you fail to do so the case may proceed without you and a judgement
`may be entered against you by the court without further notice for any money claimed in the
`complaint or for any other claim or relief requested by the plaintiff. You may lose money
`or property or other rights important to you.
`“YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
`NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
`OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
`
`THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
`LAWYER.
`
`IF YOU CANNQT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
`
`TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
`LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
`
`ALLEGHENY COUNTY BAR ASSOCIATION
`LAWYER REFERRAL SERVICE
`
`400 Koppers Building, 436 Seventh Avenue
`Pittsburgh, Pennsylvania 15219
`
`(412) 261-6161
`
`AVISO
`“Le han demandado en corte. Si usted quiere defenderse contra las demandas
`nombradas en las paginas siguientes, tiene veinte (20) dias, 2 partir de recibir esta
`demanda y la notification para entablar personalmente o por un abogado una
`comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas
`y objeciones a las demandas contra usted. Sea avisado que si usted no se defiende, €l
`caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin
`previo aviso para conseguir el dinero demandado en el pleito o para conseguir culquier
`otra demanda o alivio solicitados por el demandante. Usted puede perder dinero o
`propiedad u otros derechos importantes para usted.
`
`USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
`INMEDIATAMENTE. SIUSTED NO TIENE ABOGADO (O NO TIENE DINERO
`SUFICIENTE PARA PARGAR A UN ABOGADO), VAYA EN PERSONA O
`LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA
`AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA
`OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR
`A UN ABOGADO.
`
`SIUSTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO
`ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE
`AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE
`
`CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO O NINGUN
`HONORARIO.
`
`ALLEGHENY COUNTY BAR ASSOCIATION
`LAWYER REFERRAL SERVICE
`400 Koppers Building, 436 Seventh Avenue
`Pittsburgh, Pennsylvania 15219
`(412) 261-6161
`
`COMPLAINT - CIVIL ACTION
`
`1. Plaintiffs, Joseph J. McCloskey and Judith A. McCloskey, Individually and as
`
`Administrators of the Estate of Ty R. McCloskey, are adult individuals residing at 135 Church
`
`Road, Scenery Hill, PA 15360.
`
`2. On October 25, 2018, Plaintiffs were granted Letters of Administration of Ty R.
`
`McCloskey by the Register of Wills for the County of Washington, Commonwealth of
`
`Pennsylvania. See Letters of Administration (attached hereto as Exhibit “A”).
`
`3. Plaintiffs bring this suit as the Administrators of the Estate of Ty McCloskey on
`
`behalf of all statutory beneficiaries.
`
`
`
`
`
`
`
`
`
`4, Decedent, Ty R. McCloskey (“Ty”), died without a spouse on October 4, 2018.
`He was born on December 13, 1994 and was 23 years old at the time of his death. He died
`intestate and is survived by his parents, Joseph McCloskey and Judith McCloskey, and brother,
`Zack McCloskey.
`
`5. Defendant, SDI Gas LLC (“SDI”), is a limited liability company or other business
`entity organized and existing under the laws of the Commonwealth of Pennsylvania, with its
`principle place of business located at 130 Meadow Ridge Road, Mount Morris, Pennsylvania
`15349.
`
`6. At all times material hereto, SDI purposely established significant contacts in
`Pennsylvania, and has carried out, and continues to carry out, substantial, continuous and
`systematic business activities in Alleghany County, including but not limited to, participating in
`the largest Marcellus and Utica shale conference in the world, the DUG East Conference and
`
`Exhibition in Pittsburgh, Pennsylvania, in June 2018 and 2019:
`
`
`
`
`
`
`
`
`"SDI Gas, LLC |
`June 12 - Q
`
`) The Largest Marceflus & Utica Shale Conference In the World is comifg to
`| Pittshurgh! The 2019 DUG East Conference & Exhibition hosted by Hart ]
`Energy Conferences will be held June 18th to the 20th-atthe David L |
`| Lawrence Convention Center. |
`Stop by booth the SDI Gas Booth # 336 to meet our team and to learn more
`about the solutions that we can provide to your team.
`
`Hart Energy #DUGEast #201 BUGEagjpitjsbLgrgfimlandgas #energy
`#energyjobs #2019DUGIeAward
`
`==z
`
`3 ?Wfimfi&%%%JW.wafi"
`
`CONFERENCE & EXHIBITION
`
`CONFERENCE & EXHIBITION
`
`JuneJ )
`Pittsburgh, PAL
`
`David L Lawrence Converdmon Centar
`
`
`
`
`
`
`
`
`
`== EDTGasTH.CJ
`
`June 20, 2013 - Q
`
`[:B_LMZD to meet our team. #dugeast #sdlgas #midstream #energ y
`#naturalgas
`
`==z
`May 31, 2016 - Q
`
`SDI Gas will be at Hart Energy Conferences 10th Annual #DUGEastL_J
`Conference & Exhibition. Stop by Booth 320 and leam how SDI Gas is_J
`delievering innovatice solutions to.our clients each-day. #energy
`#midstreamgas #energyjobs #midstream #naturalgas
`
`Official Conference Exhibitor
`
`102 Annual
`
`une 19-21, 2018 | David L. Lawrence Convention Center | Pittshurgh,
`
`Jo”ip_mus in Pittsburgh
`
`
`
`
`
`
`
`
`
`7. At all times material hereto, SDI was acting by and through its employees,
`servants, and actual, apparent, and/or ostensible agents, acting within the course and scope of
`their employment, service, and/or agency.
`
`8. Defendant, Shaft Drillers International, LLC (“Shaft Drillers”), is a limited
`liability company or other business entity organized and existing under the laws of the
`Commonwealth of Pennsylvania, with its principle place of business located at 130 Meadow
`Ridge Road, Mount Morris, Pennsylvania 15349.
`
`9. At all times material hereto, Shaft Drillers purposely established significant
`contacts in Pennsylvania, and has carried out, and continues to carry out, substantial, continuous
`and systematic business activities in Alleghany County.
`
`10. At all times material hereto, Shaft Drillers was acting by and through its
`employees, servants, and actual, apparent, and/or ostensible agents, acting within the course and
`scope of their employment, service, and/or agency.
`
`11. Defendant, North American Directional, LLC (“North American”), is a limited
`liability company or other business entity organized and existing under the laws of the
`Commonwealth of Pennsylvania, with its principle place of business located at 130 Meadow
`Ridge Road, Mount Morris, Pennsylvania 15349.
`
`12. At all times material hereto, North American purposely established significant
`contacts in Pennsylvania, and has carried out, and continues to carry out, substantial, continuous
`and systématic business activities in Alleghany County, including but not limited to,
`participating in the largést Marcellus and Utica shale conference in the world, the DUG East
`
`Conference and Exhibition in Pittsburgh, Pennsylvania, in June 2018 and 2019:
`
`
`
`
`
`
`
`
`- [NE A:hericanDirecfianQILE
`e dune12-Q
`
`The Largest Marcellus & Utica Shale Conference In the World is coming 1!
` Pittsburgh! The 2019 DUG East Conference & Exhibition hosted by Har |
`
`" Energy Conferences will be held-Jure-18th-to the 20th at the David L. |
`"|Lawrence Convg]flon_CenteLJ
`
`Stop by booth the SD1 Gas Booth # 336 to meet our team and to learn mare
`ahout the solutions that we can provide to your team.
`
`Hart Energy #DUGEast #2019DUGEast #pittsburgh #oilandgas #energy
`#energyjobs #2G19DUGieAward
`
`—
`
`EAST
`Lhiina 12 _ 2N
`
`———
`
`June 20, 2012 - Q
`
`| NADirectional is on site at Hart Energy’s DUG East Conference in
`_Pittsburgh, PA.[Stop by the SDI Gas, LLC Booth #320 and pick up this
`conference’s hottest premium item!
`
`
`
`
`
`
`
`
`
`13. At all times material hereto, North American was acting by and through its
`employees, servants, and actual, apparent, and/or ostensible agents, acting within the course and
`scope of their employment, service, and/or agency.
`
`14. Defendant, Competitive Power Ventures, Inc. (“Competitive Power”), is a
`corporation or other business entity organized and existing under the laws of the State of
`Delaware, with its principle place of business located at 8403 Colesville Road, Suite 915, Silver
`Spring, Maryland 20910.
`
`15. At all times material hereto, Competitive Power was registered with the
`Pennsylvania Department of State as a foreign corporation to do business in Pennsylvania.
`
`16. At all times material hereto, Competitive Power purposely established significant
`contacts in Pennsylvania, and has carried out, and continues to carry out, substantial, continuous
`and systematic business activities in Alleghany County.
`
`17. | At all times material hereto, Competitive Power was acting by and through its
`employees, servants, and actual, apparent, and/or ostensible agents, acting within the course and
`scope of their employment, service, and/or agency.
`
`18. | Defendant, CPV Fairview, LLC. (“CPV Fairview”), is a limited liability company
`or other business entity organized and existing under the laws of the State of Delaware, with its
`principle place of business located at 2862 William Penn Avenue, Johnstown, Pennsylvania
`15909.
`
`19. At all times material hereto, CPV Fairview was registered with the Pennsylvania
`
`Department of State as a foreign corporation to do business in Pennsylvania.
`
`
`
`
`
`
`
`
`20. At all times material hereto, CPV Fairview purposely established significant
`contacts in Pennsylvania, and has carried out, and continues to carry out, substantial, continuous
`and systematic business activities in Alleghany County.
`
`21. At all times material hereto, CPV Fairview was acting by and through its
`employees, servants, and actual, apparent, and/or ostensible agents, acting within the course and
`scope of their employment, service, and/or agency.
`
`22. Defendant, Charles J. Merlo, Incorporated (“Merlo™), is a corporation or other
`business entity organized and existing under the laws of the Commonwealth of Pennsylvania,
`with its principle place of business located at 234 Merlo Road, Mineral Point, Pennsylvania
`15942.
`
`23. At all times material hereto, Merlo purposely established significant contacts in
`Pennsylvania, and has carried out, and continues to carry out, substantial, continuous and
`systematic business activities in Alleghany County.
`
`24. At all times material hereto, Merlo was acting by and through‘ its employees,
`servants, and actual, apparent, and/or ostensible agents, acting within the course and scope of
`their employment, service, and/or agency.
`
`25. Defendants, John Does 1-5 and Jane Does 1-5, are unknown individuals, business
`entities, or government organizations that were responsible for the hiring, training, supervision,
`and safety of individuals, who were performing work on the project where the accident occurred,
`and are responsible for those individuals who operated the machinery and equipment, maintained
`the machinery and equipment, and at all. times material hereto proximately caused Ty
`
`McCloskey’s accident and death. Their identities, after reasonable investigation, are unknown to
`
`10
`
`
`
`
`
`
`
`
`Plaintiffs. Plaintiffs will seek leave to amend this Complaint to state the true names and
`capacities of these fictitiously named Defendants when they have been ascertained.
`
`26. Defendants, ABC Corporations A-F, are proprietors, partnerships, and/or
`corporations responsible for the safety of individuals, and developing, implementing and
`enforcing adequate training for personnel operating the machinery and equipment on the project
`where Ty McCloskey’s accident occurred, who were performing work on the project where the
`accident occurred, and are responsible for those individuals who operated the machinery and
`equipment on the project and at all times material hereto proximately caused Ty McCloskey’s
`accident and death. Their identities, after .reasonable investigation, are unknown to Plaintiffs.
`Plaintiffs will seek leave to amend this Complaint to state the true names and capacities of these
`fictitiously named Defendants when they have been ascertained.
`
`27. For purposes of this Complaint, SDI, Shaft Drillers, North American, Competitive
`Power, CPV Fairview, Merlo, John Does 1-5 and Jane Does (1-5) and ABC Corporations (A-F)
`shall be collectively referred to as the “Defendants.”
`
`The Project
`
`28. Competitive Power Ventures Fairview Energy Center is a 1,050 megawatt natural
`gas-fueled combined-cycle electric generation facility currently under construction in Jackson
`Township, Cambria County, Pennsylvania.
`
`29. Upon information and belief, Competitive Power and/or CPV Fairview contracted
`with Merlo to install a plumbing conduit along Adams Avenue in Cambria County, Pennsylvania
`(the “Project™) for the Fairview Energy Center.
`
`30. Upon inférmation and belief, Merlo subcontracted a portion of the plumbing
`
`conduit work to SDI, Shaft Drillers and/or North American.
`
`11
`
`
`
`
`
`
`
`
`31. Upon information and belief, SDI and/or Shaft Drillers are the parent company of
`North American, and exert a significant amount of operational control over North American and
`the construction projects that North American performs work on.
`
`32. The work being performed by SDI, Shaft Drillers and/or North American
`" involved a Ditch Witch JT100, a piece of heavy equipment that is used to perform horizontal
`drilling to push pipes through rock and any tough soil conditions beneath the surface.
`
`33. This operation requires a set wrench and a breakout wrench that are used to lock
`the pipes in place while théy are being pushed into the ground. The wrenches are approximately
`forty (40) inches in length and weigh sixty-five (65) pounds.
`
`34. At all times material hereto, Defendants owned, operated, supervised, leased
`and/or controlled the Project, and all machinery and equipment being used thereon.
`
`35. Upon information and belief, at all times material hereto, SDI and/or Shaft
`Drillers employed individuals who were responsible for the operations and safety obligations at
`the Project, as well as established corporate policies and procedures, including safety policies
`and procedures, for the Project.
`
`36. A business owner is not allowed to needlessly endanger persons coming onto or
`around its property.
`
`37. A business owner should train its workers and/or employers to ensure they
`perform their job in a safe manner.
`
`38. _A business owner must train its workers and/or employees to ensure a safe work
`environment.
`
`39. A business owner must ensure that all rules and/or procedures designed to ensure
`
`a safe work environment are being complied with on its property.
`
`12
`
`
`
`
`
`
`
`
`40. At all relevant times, Defendants employed individuals, foremen, superintendents
`and/or managers who were responsible for the operations and/or safety obligations at the Project.
`
`41. At all times material hereto, Defendants employed individuals, foremen,
`superintendents and/or managers who worked at and/or periodically and continuously visited at
`the Project.
`
`42. At all times material hereto, Defendants established corporate policies and
`procedures, including safety policies and procedures, for the Project.
`
`43. At all times material hereto, Defendants established policies for the purchasing,
`use and/or replacement of equipment, components and/or supplies on the Project.
`
`44, At all times material hereto, Defendants provided the machinery and equipment
`that workers were required to use at the Project in order to perform their job duties.
`
`45. At all times material hereto, Defendants were responsible for providing and
`implementing adequate and proper training, safety training and/or implementing safety policies
`and procedures for the work being performed at the Project.
`
`46. Upon information and belief, Defendants owned, operated, supervised, leased
`and/or controlled the equipment on the Project.
`
`47. At all times material hereto, Defendants were responsible for the work and
`supervision of all work being performed on the Project.
`
`48. At all times material hereto, Defendants owed a duty to those persons lawfully
`engaged in work on the Project, including Ty McCloskey.
`
`49. At all times material hereto, Defendants had a duty to warn persons Wofking on
`the Project and to safeguard persons working on the Proj ect, including Ty McCloskey, a business
`
`invitee, from unsafe work conditions and/or work practices.
`
`13
`
`
`
`
`
`
`
`
`50. Atall times material hereto, Defendants had a duty to train workers on the Project
`in the proper and safe use and operation of machinery and equipment, and to ensure that only
`trained personnel were permitted to work on the Project.
`
`The Accident
`
`51. On the morning of October 4, 2018, a worker acting under the direction and
`control of Defendants was operating the Ditch Witch JT100 to break pipe that was being placed
`in the ground.
`
`52. To assist in this process, Ty was instructed to position himself along the hole-
`
`bearing side of Adams Avenue to place a set wrench on the pipe:
`
`Job site on the day of the accident
`
`53. Once the pipe was in place, Ty was instructed to place the set wrench on the pipe.
`54. As Ty was placing the set wrench on the pipe, the drill rig worker acting under the
`direction and control of Defendants resumed pushing the pipe.
`
`14
`
`
`
`
`
`
`
`
`55. The actions of the worker under the direction and control of Defendants caused
`the 40 inch, 65 pound set wrench to spin with the drill, striking Ty on the left side of his head
`
`causing catastrophic and fatal injuries:
`
`COUNT I - NEGLIGENCE
`
`JOSEPH J. MCCLOSKEY AND JUDITH A. MCCLOSKEY, INDIVIDUALLY AND AS
`ADMINISTRATORS OF THE ESTATE OF TY R. MCCLOSKEY v. SDI GAS LLC
`
`56. Plaintiffs incorporate the preceding paragraphs of this Complaint as if the same
`were set forth, at iength, herein.
`
`57. At all times material hereto, SDI owed a duty to those persons engaged in work
`on the Project, including Ty McCloskey, to provide a reasonably safe environment, free from
`unreasonable hazards, within which to perform the work.
`
`58. SDI, by and through its agents, servants, workmen and/or employees, was
`
`careless, reckless, grossly negligent and negligent in:
`
`15
`
`
`
`
`
`
`
`
`failing to adequately ensure the safety of the worksite;
`
`failing to provide Ty McCloskey, a business invitee, with a safe place in
`which to work;
`
`failing to adequately implement any safety measures, plans,
`recommendations, designs, specifications, inspections and safety
`procedures;
`
`failing to adequately inspect and oversee the project for dangerous and
`hazardous conditions;
`
`failing to adequately supervise the project;
`
`breaching its duties under the Restatement of the Law of Torts (Second)
`including, but not limited to, 324A, 343, 343A, 364,
`
`violating applicable OSHA regulations including, but not limited to, 29
`CFR 1926, subpart P;
`
`failing to adopt, enact, employ, and/or enforce proper and adequate safety
`programs, precautions, procedures, measures and plans in connection with
`onsite horizontal drilling;
`
`failing to properly train and supervise its own employees and contractors’
`and subcontractors’ employees in safe and proper horizontal drilling
`operations; '
`
`failing to hire competent employees, foremen, superintendents, managers,
`safety inspectors, safety directors, contractors and/or subcontractors;
`
`failing to warn Ty McCloskey, a business invitee, of the peculiar,
`dangerous and unsafe conditions then and there existing at the project;
`
`failing to adopt, enact, employ and/or enforce proper and adequate safety
`equipment, programs, precautions, procedures, measures, and/or plans in
`connection with crane operations on site;
`
`failing to perform and furnish construction services in conformity with the
`standard of care then and there prevailing in the construction industry at
`
`the time said services were performed and furnished;
`
`failing to warn Ty McCloskey, a business invitee, of the hazardous
`conditions of the horizontal drilling operations;
`
`16
`
`
`
`
`
`
`
`
`bb.
`
`CC.
`
`dd.
`
`cc.
`
`performing and furnishing construction services in a wholly inadequate
`and negligent manner;
`
`failing to properly supervise the construction work;
`failing to coordinate with other entities and subcontractors at the project;
`failing to perform a Job Hazard Analysis and/or Safety Task Analysis;
`
`failing to enforce Job Hazard Analysis and/or Safety Task Analysis
`requirements;
`
`failing to properly inspect, supervise, and/or monitor the work in a proper
`manner;
`
`failing to provide adequate safety supervision, training, equipment and/or
`machinery to workers on the project, such as Ty McCloskey;
`
`failing to use a spotter to assure safe horizontal drilling operations;
`
`failure to conduct a pre-work hazard and risk assessment for the horizontal
`drilling operations;
`
`failing to discuss and analyze the work to ensure safe use of drilling rig;
`failing to ensure that the drill rig operator was competent and qualified;
`
`failing to stop the drilling when a worker was in close proximity of the
`pipe;
`failing to instruct Ty McCloskey and his co-workers of the appropriate
`
`signals and/or actions to utilize while working with their employees on
`horizontal drilling projects;
`
`failing to adopt, enact and/or implement an echo/repeat procedure when
`operating heavy machinery;
`
`failing to adopt, enact and/or implement an echo/repeat procedure when
`communicating critical operational commands when conducting horizontal
`
`drilling;
`
`failing to adopt, enact and/or implement proper and adequate safety
`devices and other safety equipment;
`
`failing to adopt, enact and/or implement a formal wrench safety course;
`
`17
`
`
`
`
`
`
`
`
`ff. failing to coordinate with other entities and subcontractors on the project;
`and
`
`gg. failing to postpone work until proper and necessary precautions could be
`. taken to safeguard workers, including Ty McCloskey.
`
`59. Asadirect and proximate result of the negligence, carelessness, gross negligence,
`and/or recklessness of SDI, Ty McCloskey suffered catastrophic and fatal injuries.
`
`60. SDI’s actions and/or in-actions were substantial factors and/or factual causes
`and/or increased the risk of Ty McCloskey.
`
`WHEREFORE, Plaintiffs, Joseph J. McCloskey and Judith A. McCloskey, Individually
`and as Administrators of the Estate of Ty R. McCloskey, demand judgment against Defendant,
`SDI Gas, LLC, in an amount in excess of Fifty Thousand Dollars ($50,000.00) in compensatory
`damages, delay damages pursfiant to Pa.R.C.P. 238, interest and allowable costs of suit and
`brings this action to recover same.
`
`COUNT II - NEGLIGENCE
`JOSEPH J. MCCLOSKEY AND JUDITH A. MCCLOSKEY, INDIVIDUALLY AND AS
`ADMINISTRATORS OF THE ESTATE OF TY R. MCCLOSKEY v.
`SHAFT DRILLERS INTERNATIONAL, LLC
`
`61. Plaintiffs incorporate the preceding paragraphs of this Complaint as if the same
`were set forth, at length, herein.
`
`62. At‘all times material hereto, Shaft Drillers owed a duty to those persons engaged
`in work on the Project, including Ty McCloskey, to provide a reasonably safe environment, free
`from unreasonable hazards, within which to perform the work.
`
`63. Shaft Drillers, by and through its agents, servants, workmen and/or employees,
`
`was careless, reckless, grossly negligent and negligent in:
`
`a. failing to adequately ensure the safety of the worksite;
`
`18
`
`
`
`
`
`
`
`
`failing to provide Ty McCloskey, a business invitee, with a safe place in
`which to work;
`
`failing to adequately implement any safety measures, plans,
`recommendations, designs, specifications, inspections and safety
`procedures;
`
`failing to adequately inspect and oversee the project for dangerous and
`hazardous conditions;
`
`failing to adequately supervise the project;
`
`breaching its duties under the Restatement of the Law of Torts (Second)
`including, but not limited to, 324A, 343, 343A, 364;
`
`violating applicable OSHA regulations including, but not limited to, 29
`CFR 1926, subpart P;
`
`failing to adopt, enact, employ, and/or enforce proper and adequate safety
`programs, precautions, procedures, measures and plans in connection with
`onsite horizontal drilling;
`
`failing to properly train and supervise its own employees and contractors’
`and subcontractors’ employees in safe and proper horizontal drilling
`operations;
`
`failing to hire competent employees, foremen, superintendents, managers,
`safety inspectors, safety directors, contractors and/or subcontractors;
`
`failing to warn Ty McCloskey, a business invitee, of the peculiar,
`dangerous and unsafe conditions then and there existing at the project;
`
`failing to adopt, enact, employ and/or enforce proper and adequate safety
`equipment, programs, precautions, procedures, measures, and/or plans in
`connection with crane operations on site;
`
`failing to perform and furnish construction services in conformity with the
`standard of care then and there prevailing in the construction industry at
`
`the time said services were performed and furnished;
`
`failing to warn Ty McCloskey, a business invitee, of the hazardous
`conditions of the horizontal drilling operations;
`
`performing and furnishing construction services in a wholly inadequate
`and negligent manner;
`
`19
`
`
`
`
`
`
`
`
`bb.
`
`CC.
`
`dd.
`
`ccC.
`
`ff.
`
`failing to properly supervise the construction work;
`failing to coordinate with other entities and subcontractors at the project;
`failing to perform a Job Hazard Analysis and/or Safety Task Analysis;
`
`failing to enforce Job Hazard Analysis and/or Safety Task Analysis
`requirements;
`
`failing to properly inspect, supervise, and/or monitor the work in a proper
`manner;
`
`failing to provide adequate safety supervision, training, equipment and/or
`machinery to workers on the project, such as Ty McCloskey;
`
`failing to use a spotter to assure safe horizontal drilling operations;
`
`failure to conduct a pre-work hazard and risk assessment for the horizontal
`drilling operations;
`
`failing to discuss and analyze the work to ensure safe use of drilling rig;
`failing to ensure that the drill rig operator was competent and qualified,;
`
`failing to stop the drilling when a worker was in close proximity of the
`pipe;
`failing to instruct Ty McCloskey and his co-workers of the appropriate
`
`signals and/or actions to utilize while working with their employees on
`horizontal drilling projects;
`
`failing to adopt, enact and/or implement an echo/repeat procedure when
`operating heavy machinery;
`
`failing to adopt, enact and/or implement an echo/repeat procedure when
`communicating critical operational commands when conducting horizontal
`
`drilling;
`
`failing to adopt, enact and/or implement proper and adequate safety
`devices and other safety equipment;
`
`failing to adopt, enact and/or implement a formal wrench safety course;
`
`failing to coordinate with other entities and subcontractors on the project;
`and
`
`20
`
`
`
`
`
`
`
`
`gg. failing to postpone work until proper and necessary precautions could be
`taken to safeguard workers, including Ty McCloskey.
`
`64. Asadirect and proximate result of the negligence, carelessness, gross negligence,
`and/or recklessness of Shaft Drillers, Ty McCloskey suffered catastrophic and fatal injuries.
`
`65. Shaft Drillers’ actions and/or in-actions were substantial factors and/or factual
`causes and/or increased the risk of harm to Ty McCloskey.
`
`WHEREFORE, Plaintiffs, Joseph J. McCloskey and Judith A. McCloskey, Individually
`and as Administrators of the Estate of Ty R. McCloskey, demand judgment against Defendant,
`Shaft Drillers International, LLC, in an amount in excess of Fifty Thousand Dollars ($50,000.00)
`in compensatory damages, delay damages pursuant to Pa.R.C.P. 238, interest and allowable costs
`of suit and brings this action to recover same. |
`
`COUNT 111 - NEGLIGENCE
`JOSEPH J. MCCLOSKEY AND JUDITH A. MCCLOSKEY, INDIVIDUALLY AND AS
`
`ADMINISTRATORS OF THE ESTATE OF TY R. MCCLOSKEY v.
`NORTH AMERICAN DIRECTIONAL, LLC
`
`66. Plaintiffs incorporate the preceding paragraphs of this Complaint as if the same
`were set forth, at length, herein.
`
`67. At all times material hereto, North American owed a duty to those persons
`engaged in work on the Project, including Ty McCloskey, to provide a reasonably safe
`environment, free from unreasonable hazards, within which to perform the work.
`
`68. North American, by and through its agents, servants, workmen and/or employees,
`was careless, reckless; grossly negligent and negligent in:
`
`a. failing to adequately ensure the safety of the worksite;
`
`b. failing to provide Ty McCloskey, a business invitee, with a safe place in
`which to work;
`
`21
`
`
`
`
`
`
`
`
`failing to adequately implement any safety measures, plans,
`recommendations, designs, specifications, inspections and safety
`procedures;
`
`failing to adequately inspect and oversee the project for dangerous and
`hazardous conditions;
`
`failing to adequately supervise the project;
`
`breaching its duties under the Restatement of the Law of Torts (Second)
`including, but not limited to, 324A, 343, 343A, 364;
`
`violating applicable OSHA regulations including, but not limited to, 29
`CFR 1926, subpart P;
`
`failing to adopt, enact, employ, and/or enforce proper and adequate safety
`programs, precautions, procedures, measures and plans in connection with
`onsite horizontal drilling;
`
`failing to properly train and supervise its own employees and contractors’
`and subcontractors’ employees in safe and proper horizontal drilling
`
`operations;
`
`failing to hire competent employees, foremen, superintendents, managers,
`safety inspectors, safety directors, contractors and/or subcontractors;
`
`failing to warn Ty McCloskey, a business invitee, of the peculiar,
`dangerous and unsafe conditions then and there existing at the project;
`
`failing to adopt, enact, employ and/or enforce proper and adequate safety
`equipment, programs, precautions, procedures, m