Aug. 15—TIPTON — Tipton Municipal Utilities is facing a wrongful death lawsuit over one of its past employees who died last summer while clearing and burning fallen trees.

Teresa Arnett, acting as the Estate of David Arnett, filed a civil tort lawsuit, claiming TMU's negligence lead to the death of her husband on June 30, 2021.

According to a complaint filed this past April in Tipton Circuit Court, David Arnett was tasked that day with clearing and burning fallen trees and other debris in the wooded area located at 2200 W. 200 South, more commonly known as the "Boy Scout Woods." To do so, David Arnett was given a skid steer with an attached grapple bucket to grab the logs and then move them to a nearby burn pit.

The problem, according to the lawsuit, was the grapple attachment had a limited reach, meaning David Arnett had to "maneuver the Bobcat to the edge of the burn pit to drop the logs into the pit."

In one instance, according to the lawsuit, the skid steer tipped forward and fell into the burning pit with David Arnett inside. He suffered "severe burns over most of his body" and died later that day due to his injuries.

The lawsuit levies one count of wrongful death due to negligence against TMU, arguing that the utility company breached its duty when it:

* "Failed to adequately inquire or investigate as to what and how the City of Tipton was going to use the grapple bucket attachment;

* Failed to adequately inquire or investigate the conditions of the area where the work would be performed in order to ascertain if the grapple bucket attachment was proper given said conditions; and

* Failed to adequately train and familiarize those who would be operating the grapple attachment on the dangers inherent with its use."

The Estate is seeking a trial jury and damages for loss of "love, affection" for both David Arnett's wife, Teresa, and his surviving children, for the incurred medical and funeral expenses and for any additional damages in the future.

TMU FILES MOTION TO DISMISS

In response to the complaint, TMU filed a motion to dismiss, arguing that Tipton Circuit Court does not have jurisdiction over the subject matter and should dismiss the lawsuit.

In a brief of support for the motion to dismiss, TMU's lawyer argues that since Indiana's Workers Compensation Act "provides the exclusive remedy for injuries that 'arise out of and in the course of' a person's employment," the plaintiff has no legal right to sue the employer.

"If the Worker's Compensation Act covers the injury, the courts have no jurisdiction to entertain common law claims against the employer of a fellow employee," TMU's lawyer Alan Townsend, of Bose McKinney & Evans, writes in the brief.

"Thus, if an employee's injury occurred by an accident which arose out of and in the course of his employment, that individual is entitled to worker's compensation benefits, and the exclusivity

provisions bar a court from hearing any common-law action brought by the employee for the same injuries," Townsend continues in the brief.

The brief notes that the Indiana Public Employers' Plan (IPEP) provided worker's compensation to David Arnett and entered into an agreement with Teresa Arnett to pay compensation of $191.27 per week for 500 weeks, as well as medical and burial costs The Estate has not yet formally responded to the motion to dismiss.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler. juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.