Oct. 25—EAU CLAIRE — Children of a woman who was fatally crushed in a 2020 industrial accident are suing a bean supplier, alleging the company's negligence was a factor in their mother's death.

Forklift operator Mary Falk died July 27, 2020, at the Bush Brothers and Co. factory in Augusta after a large container of dried garbanzo beans fell on her, according to the lawsuit and a report on the incident.

Her children — Matthew R. Nehring, Michael J. Nehring and Brittney Barney of Augusta, and Cynthia Mitchell of Altoona — filed a lawsuit Sept. 23 in Eau Claire County Court against the Colorado company that supplied the bulk container of beans to Bush Brothers.

Ardent Mills, a division of Hinrichs Trading Co., is listed as the defendant along with its insurer, Penn Millers Insurance Co. of Philadelphia.

Falk had been using a forklift to stack bulk totes of garbanzo beans in a warehouse to prepare them for production, according to an investigation the Occupational Safety and Health Administration did on the accident.

Made of nylon, one of the totes ripped, allowing garbanzo beans to spill out. Falk got out of the forklift to investigate. Unsteadied by the quickly draining tote, another stored on top of it fell over onto Falk, crushing her. When full, the totes are 4-by-4-foot cubes and weigh about one ton each.

Falk was declared dead on site. The OSHA investigation summary notes the cause of death was skull fractures.

The lawsuit alleges that the ripped bag was a substantial factor in Falk's death. It is accusing Ardent Mills of being negligent by using defective, damaged, weak materials for the nylon containers or by improperly filling them.

The lawsuit seeks an unspecified amount in damages and statutory costs.

Attorney Jay Heit of Eau Claire law firm Herrick and Hart is bringing the case on behalf of Falk's children.

The Leader-Telegram sought comment on the lawsuit late last week from Ardent Mills through a media contact form on the company's website, but had not received a response by Monday afternoon. Online court records show the company had been served the lawsuit on Oct. 12, but has not filed a written response in court to the civil complaint.

Falk's children are listed as plaintiffs, and Sentry Casualty Co., a Stevens Point-based insurer, is an involuntary plaintiff in the case. Sentry filed earlier this month to be removed from the civil complaint, but still remain eligible for potential proceeds from the case. That would include reimbursements to the insurer for benefit payments it made to or on behalf of Falk, the filing stated.

OSHA's case on the accident was closed in February 2021, ending in an informal settlement with Bush Brothers. According to OSHA's online database, Bush Brothers was cited $10,931 for violating a regulation for general materials handling.