Wednesday, October 22, 2014
Staff report
YOUNGSTOWN
The widow of a laborer who was fatally crushed in an industrial accident nearly two years ago has sued the North Jackson aluminum extrusion company where the accident occurred and the repairer of the metal racks that fell on him.
Meghan M. Tomlin, of Garfield Road, Niles, widow of John J. Tomlin Jr., filed suit against Extrudex Aluminum Inc., and the rack repairer, D&J Custom Fab LLC of Berlin Center in Mahoning County Common Pleas Court.
The suit, which alleges both defendants were negligent, seeks damages of more than $25,000 and demands a jury trial.
On Oct. 30, 2012, Tomlin, 21, was moving heavy metal racks loaded with aluminum, when the racks came off the roller-track system, fell on him and crushed him, the complaint alleges.
Another worker was severely injured in the accident.
Employees previously had told Extrudex management the metal racks were frequently coming off the tracks during loading and unloading of the heat-treatment oven, the suit says.
The U.S. Occupational Safety and Health Administration issued multiple citations to the company as a result of the accident.
Extrudex makes aluminum extrusions for commercial, marine and industrial applications.
Extrudex officials declined to comment.
Daniel Lukanec, whose wife, Joy, owned D&J, said D&J performed minor repairs on the racks but did not supply or install the racks or tracks. “We had nothing to do with that,” he said of the accident, adding that D&J closed in 2012.
The lawsuit is assigned to Judge Lou A. D’Apolito.