73-year-old in motorized wheelchair fell into construction trench and suffered open ankle fracture, broken fibula, fatal injuries after workers said he could pass through: Lawsuit

Inset: Carl Wescott (Albany Democrat-Herald/Jennifer Hunking). Background: The Oregon intersection where Carl Wescott fell into a construction trench and suffered fatal injuries (Google Maps).

A 73-year-old military veteran from Oregon tragically died after his motorized wheelchair plunged into a construction trench. This incident, which happened as he was returning home from a store, resulted in his family filing a wrongful death lawsuit. Recently, the case reached a settlement. The legal action targeted the state of Oregon and county contractors, alleging that local workers had assured the man it was safe to cross the construction area.

Carl Wescott, hailing from Sweet Home, sustained severe injuries including a fractured and dislocated ankle, a broken upper arm bone, a fibula fracture, and extensive damage to muscles, tendons, ligaments, nerves, and soft tissues across various parts of his body. The details of the incident, which took place in 2022, were reported by the Albany Democrat-Herald and the Corvallis Gazette-Times.

“Carl Wescott spent his final days in a hospital bed,” stated the lawsuit.

Wescott succumbed to his injuries two weeks post-accident. Prior to this, he was already battling kidney disease, atrial fibrillation, and diabetes, according to his family’s claims. The incident occurred as he tried to navigate a construction area at the intersection of 18th Avenue and Main Street in Sweet Home. The site was managed by contractors from Lane County, specifically named in the lawsuit as Wildish Construction of Eugene, C-2 Utility Contractors of Coburg, and Lantz Electric of Eugene.

The family claimed that Wescott was permitted to traverse the construction zone both on his way to the store and on his return journey. It was alleged that a C-2 Utility employee moved a backhoe to facilitate his passage through the closed intersection. However, the contractor contended in court documents that Wescott was at fault for his own injuries and denied liability for his death, as reported by the Democrat-Herald and Gazette-Times.

Similarly, Lantz Electric denied any responsibility, asserting that Wescott was to blame for his demise. The company claimed in court documents that Wescott was advised against reentering the construction zone and was directed to take a safer alternative route. State officials also maintained that Wescott bore responsibility for the incident.

The lawsuit had a trial date set for May 2026 before it was settled this month. A Linn County court dismissed the case on Dec. 19, according to online court records.

The terms of the settlement have not been disclosed. Wescott’s family had been seeking $2.35 million in damages.

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