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40 Inverness Drive East
Denver, CO 80112
Phone: 303.792.5595
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News Briefs
Oklahoma Men Were Severely Burned While Working on an Electrical System at Wal-Mart on Tower Road - Wal-Mart Failed to Warn the Men that a Similar Incident Occurred Less Than a Year Ago at the Exact Location
Denver, Colorado September 11, 2006 - Denver-based law firm, Burg Simpson Eldredge Hersh & Jardine, P.C., announced today that it has filed a lawsuit against Wal-Mart and other involved parties on behalf of two Oklahoma men who were severely burned while working on an electrical panel at the Wal-Mart location on Tower Road in Aurora, Colorado.
The Plaintiffs, Joel Ledbetter and Heath Powell, employed by RS Enterprises, Inc. of Norman, OK, were brought to Colorado by Wal-Mart and assigned to work on the electrical system at the Wal-Mart located at 3301 N. Tower Road in Aurora, Colorado on July 11, 2006. The men were severely burned when the electrical system at the store "shorted out." This "shorting" caused an electrical arc, which caused severe burns on each man's hands, face, chest, and eyes.
Prior to hiring RS Enterprises to work on the store, Wal-Mart and others were aware of the defects in the electrical system at this store due to a similar incident that occurred in 2005. On or about September 20, 2005, Wal-Mart was placed on notice of the defects in the electrical system when a short occurred which caused similar serious injuries to another man working on the system. Wal-Mart and others failed to warn the men of the defects in the electrical system and failed to take reasonable steps to protect them against dangers of which Wal-Mart and others were already aware.
The Plaintiffs and their attorneys have made repeated requests of Wal-Mart to preserve all potentially relevant evidence as well as allow them the opportunity to inspect the site of the accident and test the electrical equipment that injured them. However, Wal-Mart has refused to assure the preservation of the evidence and will not allow entry for testing and inspection. The lawsuit reports that Wal-Mart's lack of response to the requests to preserve evidence is unsettling. This is particularly true with a corporate defendant like Wal-Mart who has made national news for being sanctioned for destroying evidence and discovery abuse in deleting files, destroying evidence, and generally engaging in the spoliation of relevant evidence as a defense tactic.
In this particular case Wal-Mart and others are believed to be in possession of several pieces of evidence including video tape of the scene, video tape and thermographic tape of the accident itself, and video tape and other pictures of the electrical system showing its condition both before and after the accident. This accident has been investigated by OSHA, and it is believed that Wal-Mart was found to be in violation of the law.
The Plaintiffs along with their attorneys are seeking all reasonable damages to make them whole from the injuries as well as damages and losses suffered as a result of the wrong-doing of Wal-Mart and the other involved parties.
A copy of the Complaint and Jury demand, filed in Adams county where the accident happened, and a motion filed by Burg Simpson to compel Wal-Mart to allow testing of its electrical system, are enclosed with this press release.
Media Contact:
David Hersh
Burg Simpson Eldredge Hersh & Jardine, P.C.
(303) 792-5595
