Unsafe conditions on conveyor belt led to death in workplace accident

In February 2007, Ignacio Arreozola, 42, was working for Martin Marietta Inc, a rail yard in Dayton. Martin Marietta supplies aggregate for the construction industry. Tons of crushed stones are unloaded into a pit at the company's yard facility. As Arreozola was trying to open an underground gate that regulates the flow of the crushed stones that are sorted and removed on a conveyor belt, Arreozola fell head first into a gap between the conveyor belt and concrete wall, and his trachea (windpipe) was crimped. He died of positional asphyxiation - when someone's position prevents them from breathing adequately.

Arreozola's family sued Martin Marietta for negligence, alleging that the gate was consistently getting stuck and the company had not properly trained employees on how open a stuck gate safely. The company argued that Arreozola used a crowbar to open the gate when he fell face-down in the gap, and that this was a "cheater" bar; they argued that Arreozola should have used a more appropriate equipment/method to open the gate instead. The family's counsel also argued that the gap between the conveyor and the wall was too narrow and that the yard was in poor condition and not maintained regularly.

The jury found Martin Marietta fully negligent. Arreozola's family was awarded $4.3 million for economic loss and punitive damages.

If you or a loved one has been injured in a workplace/industrial accident, please fill out the form on the right side of the page for a free consultation of give us a call at (313) 965-3464. You may also contact our workplace/industrial accident attorney George Fishback directly at (313) 496-9414.