JERSEY CITY — The widow of a Bayonne man crushed when a cargo container fell on a vehicle he was operating has filed a federal lawsuit against nine companies, blaming unsafe equipment, an unsafe workplace and insufficient training for his death.
The H&M International Transportation employee Jorge Gomez, 51, of Bayonne, died after a shipping container fell onto the lifting machine he was operating at the Croxton Intermodal Terminal on County Road in Jersey City on Aug. 15, 2016.
Jersey City spokeswoman Jennifer Morrill said at the time that investigators’ initial assessment was that a cable that was part of the machine lifting a freight container snapped, causing the container to fall on Gomez.
Named as defendants in the suit are H&M, an Iselin-based logistics company; Norfolk Southern Railroad, based in Mount Laurel; Consolidated Rail Corporation, based in Philadelphia; Technical Services International, based in Sayreville and Mi-Jack Products, based in Illinois, the federal complaint says.
The lawsuit, filed by Liakas Law of New York City on behalf of Carmen Rosa Gomez, also names Hoist Liftruck Manufacturing, based in Illinois; FedEx Freight, based in Arkansas; General Cable Industries, based in Kentucky and PMX Industries, based in Iowa, as defendants.
“Jorge dedicated himself to his family, his church and his job. This incident was completely avoidable and it is unfortunate to see people like Jorge put in serious danger because workers’ safety is not a top priority,” said Stephen Liakas, the Gomez family attorney. “Jorge, his family and his co-workers deserve answers.”
Born in Puerto Rico, Gomez lived in Jersey City before moving to Bayonne in 2006. The father of eight children, Gomez was also a member of First Assembly of God Church in Bayonne.
In their answers to the lawsuit, H&M, Mi-Jacks, FedEx and Norfolk Southern all blamed Gomez for the accident that caused his own death.
“We extend our heartfelt sympathy to the Gomez family,” a FedEx Freight spokesman said. “FedEx Freight believes the allegations made against it are without merit and will defend the lawsuit.”
The lawsuit claims the defendants’ or their agents acted with a reckless or callous indifference to the constitutional rights of others. Gomez’s widow seeks an unstated amount in compensatory damages, punitive damages, pre- and post judgment interest, and legal fees.
The lift vehicle Jorge Gomez was operating was unsafe, the lawsuit also claims.
Based on an inspection of the facility at 125 County Rd. conducted on Aug. 15, 2016, the federal Occupational Safety and Health Administration cited H&M, saying it had not ensured each operator was properly trained and evaluated on use of trucks used for loading and unloading trains, according to documents obtained from OSHA.
OSHA also said employees were exposed to injuries because they were operating loaders that should have been removed from service because of known maintenance issues. The proposed penalties are are $12,000 for the first citation and $8,000 for the second.
A spokeswoman for OSHA said today that H&M is currently within a period of days during which it can appeal the citations.
In their answers to the lawsuit, Norfolk Southern Railroad, H&M, Mi-Jacks and FedEx deny the allegations or the degree of their liability.
Representatives of Hoist Trucklift and Technical Services International said they have no comment. Other defendants could not be reached for comment or could not immediately comment.
The lawsuit demands a jury trial.
Source: www.nj.com
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