| Lee Mechanical Contractors, Inc. Issue No. 1 |
May 2003
|
The Contractors Critic
LEE MECHANICAL CONTRACTORS, INC., AN
ABC MEMBER Reporting on Safety, Productivity, and Honesty in the Construction Industry.
|
Death, Accidents & Lawlessness
|
Wage Scandal to Supreme Court
| During its 18 years in
business, Lee Mechanical has spent a lot of time in court, not only fighting
personal injury and wrongful death suits, but also battling criminal indictments
for alleged multiple misdemeanor violations of Missouri state wage laws. For
instance, on Oct. 12, 1994, the Missouri public prosecutors filed a complaint in
St. Louis County Circuit Court (Case #94CR-005665) charging Lee Mechanical with
52 class B misdemeanor counts of violating the state’s "Prevailing Wages on
Public Works law" in a Marquette High School project.
Lee Mechanical asked that the charges be quashed and the charges be dismissed
on, citing technicalities 1) the statute of limitations had run out on many of
the violations and 2) the wording of the prevailing wages law was
"unconstitutionally vague" as to what, exactly, "work of a similar character"
meant.
A circuit court judge dismissed some of the charges as not being within the
year allowed, but sustained 18 counts. Lee Mechanical appealed the lower court
ruling to the state appellate court (Eastern District,#78893), which referred to
the state Supreme Court. On Feb. 25, 1997, Missouri’s highest court overruled
Lee Mechanical’s motion for a rehearing.
At the end of the day however, Lee Mechanical was still able to beat scores
of Missouri state law violations and rip off thousands of dollars in wages from
its own employees — all on technicalities.
Lee Mechanical’s working hypothesis here is apparently: Hey, if our employees
can’t figure out they’re ripped off before the statute of limitation runs out,
we’re home free. If they do, well, we’ll pay what we’re forced to and not a
penny more.
The moral of this story seems to be "Violate Missouri law, and when you’re
caught, drag out the legal proceedings and use loopholes in the law to escape
accountability for up to two-thirds of the monetary damages."
Yes, it’s a good life. For some.
| Real life results:
Workplace Injuries, Fatalities
| The real life results of
Lee Mechanical’s business philosophy is perhaps best reflected by the problems
it has had with the U.S. Department of Labor, Occupational Safety and Health
Administration, and others who have sued Lee Mechanical Contractors over the
years alleging wrongful deaths and on-the-job negligence causing personal
injuries. On Nov. 18, 1996, Margarete Barnett and Gabriela Brewer filed a
civil petition (Case #CV-1096-502CC) in the Washington County, Mo., Circuit
Court alleging that Raymond Barnett had been killed at the Redwing Shoe Factory
in Potosi, Mo. on May 13, 1994 as a direct result of negligence by Lee
Mechanical and "various individuals employed by, or associated with Lee
Mechanical."
According to the suit, Redwing Shoe hired Lee Mechanical to install
industrial air-conditioning units at its Potosi factory, and, in turn, Lee
Mechanical hired Wesbar Company as a subcontractor for that project. Barnett was
an employee of Wesbar and was working on the Potosi shoe factory roofing project
when the accident occurred.
In order to install the industrial air units, Lee Mechanical "had cut holes
in the roof of Redwing Shoe" and covered one of the holes "with plywood or
particle board insufficient to support the weight of a 200 pound person and
failed to otherwise warn of or secure the hole."
Barnett was going about his usual job tasks that day when, according to the
lawsuit, he "did tread upon the plywood or particle board which covered the hole
in the roof of Redwing Shoe Factory and in doing so, fell some 15 feet through
the roof to the concrete floor below where decedent suffered massive and
multiple injuries including but not limited to laceration of the scalp,
subscapular hemorrhage, comminuted fracture of the skull, lacerations and
contusions of the brain, aspiration of blood, soft tissue hemorrhage and
fracture of two ribs."
A "comminuted fracture" is one in which the bone is broken, splintered or
crushed into a number of pieces.
In any event, Barnett’s accident resulted in one OSHA violation being issued,
with penalties imposed (see below, Inspection # 109578914), and a wrongful death
lawsuit by his survivors.
Barnett’s injuries were massive, fatal and the result of "carelessness,
recklessness and negligence of Defendant [Lee Mechanical]," the suit alleged.
Lawyers for Lee Mechanical attacked the lawsuit not on it merits, but on the
grounds that there were technical "defects" in the pleadings, documents
indicated.
A circuit court judge granted Lee Mechanical’s motion, but the victim’s
family appealed the ruling. (Appeal No. 73238, Eastern District, Mo.) | | | | | | |