Alabama Defective Equipment Attorney

Montgomery Advertiser, Saturday, June 1, 1996.

WasteAway to pay widow $3.5 million

A waste disposal business has agreed to pay an east Alabama woman a $3.5 million settlement in a suit she filed after the death of her husband at a Lee County landfill.

WasteAway Group Inc. agreed to pay the wife of Timothy Hornsby, a WasteAway employee, in a lawsuit that was scheduled to go to trial in six days.

Mrs. Hornsby filed the lawsuit after her husband died while operating a hydrotanker at a landfill in Lee County city of Salem, according to a statement released by Kenneth Ingram Jr. and Larry Morris who represented Mr. Hornsby’s family.

Mr. Hornsby, who is survived by his wife and two children, was killed after the brakes failed on the hydrotanker he was operating and he lost control, the attorneys said in their statement.

He was thrown from the vehicle, then run over and crushed by the hydrotanker, his attorney said.

The suit against two WasteAway management employees alleges that WasteAway let Mr. Hornsby operate the piece of equipment with the knowledge it was unsafe, Mrs. Hornsby’s attorney said.

“This was a senseless and tragic accident (that) should have never occurred,” Mr. Ingram said.

“Tim had filled out the daily work-order reports for 27 days in a row prior to his death, begging his employer to repair the brakes on this vehicle.”

Efforts to reach officials with WasteAway in Opelika were not successful

Mr. Morris said, “Hopefully, this case and settlement will make for a sager work environment for all of WasteAway Group employees in the future.”

WasteAway Group, Inc. settled the suit with Mr. Hornsby’s wife six days before the case was scheduled to go to trial in Chambers County Circuit Court.

Mr. Morris and Mr. Ingram are members of the Alexander City firm at Morris, Haynes, Ingram, and Hornsby, which got a $4 million settlement last year from WasteAway in a suit filed the death of a Dadeville cheerleader.