Lawsuits filed over egg drop accident
Candice Boutilier/Columbia Basin Herald<br> Two lawsuits stemmed from a 2007 accident involving an Avista Utilities boom truck. A person died while another was injured when the bucket they were standing in, fell.
SPOKANE — Two lawsuits resulted from a 2007 boom truck accident where one person died while helping conduct a science experiment before elementary school students in Othello.
On May 31, 2007, school teacher Melissa Martinez and Avista Utilities lineman Robert “Bob” Smith were lifted above a basketball court at Hiawatha Elementary School in a boom truck bucket. They were performing a science experiment called an “egg drop.” The teacher was planning to drop encased eggs from above for demonstration.
The arm holding the bucket became detached from the truck causing the bucket to fall. Martinez and Smith were thrown.
Smith died from injuries sustained in the accident.
Martinez was severely injured.
It was later determined several bolts used to secure the arm to the truck were missing.
On July 24, in Spokane County Superior Court, Martinez filed a lawsuit against Avista Utilities, the Estate of Robert Smith, Versalift, Titan Truck Equipment Company, Brand FX Body Company, Utility Equipment Leasing Corporation, Diversified Inspections and the unnamed companies that made the bolts and washers associated with the boom truck.
Martinez’s attorney, John M. Brangwin said the businesses named in the lawsuit were involved with aspects of the truck including ownership, inspections, manufacturing and leasing.
“Melissa in no way wanted to sue Mr. Smith,” he said.
Brangwin said he advised her to name Smith in the lawsuit because all parties needed to be included to hold everyone accountable.
He said Avista was the only entity named in the lawsuit who offered a settlement. The settlement was not enough to pay for Martinez’s medical bills and ongoing treatments, he said. He declined to say how much the settlement was.
Since the accident, Martinez continues to teach but had to take a second job to pay for her medical bills, Brangwin said.
She suffers from a back injury, post traumatic stress disorder and was disfigured, he said.
“She has survivor’s guilt,” he said explaining Martinez and Smith were once neighbors.
The Othello School District was not named in the lawsuit. He explained she is prohibited from suing the school district because she has workers compensation benefits.
On June 2, Seasons Smith, on behalf of Robert Smith’s estate, and two minor children filed a lawsuit against the same defendants listed in Martinez’s claim except for Avista Utilities. The claim was filed in Adams County Superior Court.
Avista spokesperson Laurine Jue said she was unable to comment on the lawsuit due to litigation.