On or about July 14, 2004, Geronimo Soto, Jr. was an employee of Tire Centers, LLC when he was killed by being crushed underneath a Volvo front-end loader. Mr. Soto was sent by his employer to install new tires on a new Volvo front-end loader, without the proper equipment or necessary help to perform the job safely. Mr. Soto was sent to perform the job with a pickup truck lacking the proper lifting equipment to lift and install the heavy off-the-road tires. Because it was late in the day Mr. Soto resorted to getting help from the yard man of the owner of the front end loader and to using other equipment belonging to the owner of the front end loader. After lifting the Volvo front end loader, Mr. Soto placed two jack stands underneath the rear axle. Mr. Soto then used a mini backhoe excavator to lift the tires and place them onto the Volvo front end loader. After installing one of the rear tires, he crawled underneath the front end loader to remove one of the jack stands. As he was doing so the front-end loader slipped off of the jack stands and crushed him to death. Prior to the incident two employees of Tire Centers, LLC, the service manager and another, now the center manager, had stopped by to deliver some valve stems to Mr. Soto. These employees failed to stay and help Mr. Soto or provide him the proper equipment or manpower to safely perform the job.
The case was resolved under a confidential settlement.
Insurance Carrier: Liberty Mutual
Plaintiffs’ Experts: Gary Nelson, Ph.D., CSP, P.E., Safety/OSHA Expert; Keith Fairchild, Ph.D., Economist Expert
Defendant’s Experts: Del Tally; Stephen M. Horner, Ph.D