YOUNGSTOWN — A city worker is suing three businesses over an accident that left him falling into human waste and sustaining injuries.
Youngstown sewage treatment plant worker Kevin W. Hyland of Hubbard sued AP O’Horo Co., CSC Land Development Associates and Technical Resource Consultants, all of Youngstown, for the incident on the 6 February 2020.
The lawsuit, filed in the Mahoning County Court of Common Pleas, alleges the city hired AP O’Horo to perform work on the screened walkways of the processing plant at 725 Poland Avenue. During construction, Hyland was granted access to the site, which was “watched, maintained and/or controlled by … AP O’Horo,” the suit states.
Calls to AP O’Horo Co., CSC Land Development Associates and Technical Resource Consultants on Tuesday were not returned.
The suit seeks at least $25,000 in damages. The prosecution is assigned to Judge John Durkin. It was filed by attorneys Brian Kopp and Justin Markota of Canfield.
BASIS OF THE COMPLAINT
On February 6, Hyland entered the construction site and a screened walkway collapsed, causing Hyland to fall into “human waste kept at the scene”, causing injuries. He sought medical attention and “suffered great mental and physical pain, incurred financial obligations, and other injuries,” the lawsuit says. He also had surgery and lost his salary, the lawsuit says.
The lawsuit alleges negligence and negligence in hiring on the part of the three companies.
AP O’Horo contracted with CSC Land Development and Technical Resource Consultants for the project, but “failed to properly guard and maintain the premises, including the screened walkways, which caused extensive damage to…Hyland, while accessing… (the) construction site,” the suit alleges.
It adds that AP O’Horo “knew or should have known that the people and entities it engaged were incompetent” in performing their duties on the site or that AP O’Horo “did not properly train and adequately to perform” the work.
The lawsuit also alleges that CSC Land Development was “hired to remove screened walkways and perform maintenance work” at the plant and contracted work to O’Horo and Technical Resource Consultants. CSC “failed to properly monitor and maintain the premises, including the screened walkways,” the suit alleges.
Technical Resource Consultants “failed” to perform its duties, “did not meet the standard of care and was negligent when it failed to maintain the construction site with the care, diligence and skill expected from a company with comparable knowledge and training,” the suit states.
The technical resource consultants also subcontracted work to other people and companies, including O’Horo and CSC Land Development, according to the lawsuit.
The lawsuit alleges that several John and Jane Does were also hired to carry out work on the catwalks, “failed to perform (their) duties” and were negligent.