Compactor Explodes at Landfill, City Worker Sues

Beaumont, TXA man who once worked for the city of Beaumont was forced to retire early almost two years ago when, while working at a landfill, a Caterpillar compactor exploded near him after catching fire. The man, Kenneth Allison and his wife Genevieve, have filed a personal injury lawsuit against Mustang Tractor & Equipment Co. (the company that sold the equipment to the city) and Caterpillar Inc., claiming that the hydraulic hoses on the compactor were defective and posed great danger to those working near the equipment.

The personal injury lawsuit was filed in the District Court of Jefferson County on March 5.

According to the lawsuit, the day was March 18, 2006 when Kenneth Allison was working for the city at the municipal landfill as a compactor operator. The city had just purchased the new Caterpillar compactor from Mustang Tractor & Equipment. The machine had not been a year old before it malfunctioned.

Allison was working with another machine when the new caterpillar compactor suddenly caught fire, according to the lawsuit. He says he heard a loud noise and, before he knew it, he had been blown to the ground.

Allison went ahead and completed his work day and saw a doctor the next day who diagnosed him as having problems with his hand and elbow. The personal injury lawsuit says that Allison is still having problems with his right hand and is having issues with his lower back. He was then referred to another physician based in Houston for his back problems. Allison was informed by the Houston physician that his back could be fused, but that it was not recommended because he was 49 years old at the time and that is considered too young to have such a procedure.

Allison has said in the suit that it was his injuries that drove him into early retirement from his job with the city and that he now has to draw social security disability benefits, which is currently not enough to sustain him financially since he was still many years from regular retirement..

The suit states that Allison will be able to show with his belief and obtained information that either an individual hydraulic hose or multiple hydraulic hoses ruptured on the new machine. It is alleged that the ruptured hydraulic hose or hoses led to the fire and the possible explosion that had knocked Allison from the machine that he was working on. Allison is not 100% sure that what knocked him off of the machine was, in fact, an explosion or if he was so startled that he fell from the machine.

Also in the suit, Allison says that he has spoken with a repairman for Mustang tractor who allegedly informed Allison that three or four of the same model of compactor had also caught fire. The repairman gave Allison information regarding a possible recall on the model, but there has yet been such a move from Caterpillar Inc.

The personal injury suit further states that Allison will be able to prove negligence on the part of Mustang tractor because they delivered the machine, performed inspections, and serviced the compactor once it was assembled. Furthermore, the suit alleges that both Mustang Tractor and Caterpillar Inc. did not warn users of problems with the compactor, therefore they were negligent.

Allison is suing for mental anguish, medical expenses, and past and future lost wages. His wife is also suing for loss of consortium. They are requesting that the trial is heard before a jury and they will be represented by Attorney Steven Barkley. The case has been assigned to 60th Judicial District Judge Gary Sanderson.

By Ginger Gillenwater