Construction Project Lawsuit Unveils Lost Text Messages Responsible for Worker’s Unnecessary Death

WASHINGTON TOWNSHIP, OHIO – The wrongful death lawsuit filed by the sister of James B. Rogers, who tragically died in a trench collapse in June 2016, is progressing through the legal system. The lawsuit accuses several defendants, including KRW Plumbing Inc., South Dayton Builders and Remodelers Inc., and real estate developer Donald C. Wright, of negligence resulting in Rogers’ death.

According to the plaintiff’s attorney, the case hinges on the alleged control of critical variables in the construction project by defendant Don Wright. The plaintiff argues that text messages on five phones belonging to Wright, his son Scott Wright, and another defendant Timothy Dickey, would have provided crucial evidence to support their claims.

Over the years, the case has seen multiple judges presiding over it. Currently, Judge Jackson is overseeing the proceedings. Earlier, in 2022, a judge ruled that the defendants had a duty to preserve evidence, including text messages on the phones. However, the impact of the lost evidence on the plaintiff’s case was not determined at that time.

In a recent development, Judge Jackson acknowledged the harm caused to the plaintiff by the loss of evidence. This ruling allows Brown’s attorneys to present the jury with information about the missing phones while presenting their forensic experts. The plaintiff contends that the construction project was not approached safely, emphasizing the importance of following standard safety measures to prevent trench collapse deaths.

This case highlights the obligations of developers, builders, and contractors to adhere to basic safety standards when constructing buildings. The plaintiff’s attorneys are determined to prove that such standards were not met in this tragic incident.

It is worth noting that Rogers’ widow had previously received a workers’ compensation settlement, indicating that the Ohio Industrial Commission found the employer at fault for the accident.

As the trial, scheduled for January 20, approaches, the attorneys for the defendants have expressed the need to review Judge Jackson’s decision.

As this case progresses, it serves as a reminder of the importance of workplace safety and the legal responsibilities of those involved in construction projects. The impact of the missing text message evidence will be a key aspect of the trial, shedding light on the events leading to James Rogers’ untimely death in the trench collapse.

Overall, this wrongful death lawsuit seeks justice for the deceased and highlights the need for strict adherence to safety measures in construction projects. The trial’s outcome will provide further insight into the responsibilities of developers, builders, and contractors in ensuring the well-being of workers.