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Company, worker sued in 2012 fatal accident

July 18, 2013 News Extra

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A North Washington man and his employer are being sued for negligence and wrongful death in connection with a fatal accident last year on Route 422 in Muddy Creek Township.

Michael Lindsay, 67; Lindy Paving, and its subsidiary, PNM Trucking, face six counts in the lawsuit.

The parents of the 29-year-old man who died in the accident, Randy and Jo Greenwood of Belle Vernon, Westmoreland County, filed the lawsuit July 1 in Butler County Court on behalf of their son’s estate and themselves.

They want a jury trial.

Attorney Cynthia Danel of the Pittsburgh firm Edgar Snyder & Associates, who represents the Greenwoods, said the victim’s family is shattered by his death.

“The Greenwoods are devastated beyond belief,” Danel said.

According to Butler state police, Allan Mark Greenwood died July 17, 2012, after a triaxle truck driven by Lindsay struck a 105-foot utility pole Greenwood was positioning for removal off the highway.

An earlier traffic accident resulted in a 6-foot section of the 6,400-pound pole being sheared off.

A Bruce & Merrilees Electric Co. crew was hauling the pole from a gravel parking lot on the south side of the highway using a dump truck and hitch.

Police report the dump truck driven by Phae D. Cutchall III, 51, of New Castle was making a wide left turn onto the highway when a car driven by David Evans, 64, of Evans City hit the pole.

The 6-foot piece of the pole broke off, staying attached to the truck. The end of the pole landed on the road.

“It’s an unusual situation,” Danel said.

Greenwood, a lineman for Bruce & Merrilees, was pulling the pole off the road using a crane.

“He was lashing it with a chain,” Danel said.

Police report the truck driven by Lindsay was in a line of traffic going around the pole by traveling on the side of the road when it hit or ran over the pole, causing the other end to swing around and hit Greenwood in the head.

Lindsay could not be reached for comment. There is no phone listing under his name.

A company representative for Lindy Paving could not be reached for comment.

A voice-mail message left for attorney Mark Caloyer of the Pittsburgh firm Pietragallo, Gordon, Alfano, Bosick & Raspanti, who represents the defendants, was not returned.

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