Wrongful death lawsuit filed against Doe Run

Three counts of negligence are alleged in the lawsuit’s petition submitted by St. Louis-based attorney Gonzalo Fernandez. They include Doe Run being allegedly liable for removing toe boards securing the catwalk from which Baker fell, failing to properly inspect the catwalk and retaliation against whistleblowers who raised concerns about the catwalk’s safety.

A Doe Run public relations spokesperson declined to issue a statement when reached Friday citing the company’s policy is to not comment on pending legal cases.

The petition states Baker was killed by brain trauma caused after falling approximately 16 feet from a catwalk in the Pugger Room at the Doe Run recycling plant. It alleges an unsecured metal grate slid out from under Baker’s feet while he was on the catwalk, which created a gap of approximately 30 to 50 inches through which Baker fell.

The petition alleges the metal grate which slid out from under Baker had its securing toe boards removed to enable the replacement of an 18-inch rotary valve in the Pugger Room. It states that was done with the knowledge of Doe Run’s plant manager and safety personnel; however, the securing toe boards were not welded back into place. The unsecured condition of the grate was also allegedly not adequately reported during a safety inspection conducted the day Baker died.

The petition states several elevated metal catwalks exist in the Doe Run recycling plant and are used by employees to access different parts of the facility. These catwalks are alleged to have been in a state of disrepair the day Baker died. The petition alleges their metal grates, toe guards and handrails were degraded due to being exposed to the caustic and acidic environment inside recycling plant. It also alleges welds on the catwalks were prone to failure due to being performed by uncertified and untrained welders.

One of the petition’s negligence counts additionally alleges Doe Run retaliated against workers who raised safety concerns at the recycling plant which created a culture that tolerated hazardous conditions.

Named as defendants in the lawsuit are Anthony Staley, manager at the Doe Run recycling plant, as well as Doe Run safety personnel Justin Province, Samantha Hedrick, Ryan Seelke and Justin Heilig. An unknown Doe Run employee who removed the catwalk’s toe boards is also listed as a defendant