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Construction workers let a wheelchair-bound 73-year-old fall into a trench, where he suffered an open ankle fracture, broken fibula and fatal injuries: 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).

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 in Oregon who was on his way home from a store in his motorized wheelchair fell into a construction trench and suffered fatal injuries, leading his family to file a wrongful death lawsuit that was settled this month. The family had sued the state of Oregon and county contractors, claiming the man was told he could cross through the construction site by local workers.

Carl Wescott, of Sweet Home, suffered an open ankle fracture-dislocation, left upper arm bone fracture, left fibula fracture, and damage to his muscles, tendons, ligaments, nerves and soft tissues of his head, neck, shoulders, back, hips and legs after falling into the trench in 2022, according to the lawsuit, which was obtained by the Albany Democrat-Herald and its sister publication, the Corvallis Gazette-Times.

"Carl Wescott spent his final days in a hospital bed," the complaint said.

Wescott, who died two weeks after the fall, was already suffering from kidney disease, atrial fibrillation and diabetes before his hospitalization, his family alleged. He was attempting to cross at an intersection in Sweet Home at 18th Avenue and Main Street, when he encountered a construction area that was set up by Lane County contractors, identified in the complaint as Wildish Construction of Eugene, C-2 Utility Contractors of Coburg and Lantz Electric of Eugene.

According to his family, Wescott was allowed to cross through the site on his way to a local store and then again on his way back. An employee of C-2 Utility allegedly moved a backhoe to let him pass through the closed intersection. The contractor denied responsibility for Wescott's death, claiming in court docs that he was negligent and ultimately to blame for his own injuries, the Democrat-Herald and Gazette-Times report.

Lantz Electric also denied responsibility and reportedly said it was Wescott's fault that he died. The company claimed in court docs that Wescott was told not to reenter the construction zone and to instead find an alternate route that would allow him to pass safely. State officials also claimed Wescott was responsible for what happened.

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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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