Worker injured during 2019 road project files suit against Framingham, MWRA
FRAMINGHAM — A Taunton man and his family have filed a $1.6 million lawsuit against the city after the man was injured while working on a road project three years ago.
Jon Eldridge suffered long-term injuries, loss of income and pain and suffering in the Aug. 15, 2019, incident, according to his lawyer, Ronald Stoia, writing in a lawsuit filed last month in Middlesex Superior Court in Woburn.
Eldridge, along with his wife, Melissa, and their two minor children filed the lawsuit against the city, the Massachusetts Water Resources Authority and RJV Construction Corp. of Canton.
According to documents filed in court, Eldridge worked for RJV Construction. The company was hired in 2019 to dig test pits along the eastbound side of Route 9, near the intersection of Route 135, as part of a project to replace water mains.
More: Pedestrian death on Route 9 prompts MassDOT to accelerate safety plans
As part of the work, the road top was pulled off by a piece of construction equipment. Eldridge then operated a special truck to conduct "hydro-excavating," a process in which water is used to push soil away from objects, such as pipes, that need to be exposed and inspected.
According to the lawsuit, Eldridge could not see the open hole, described as a trench, and another co-worker had to direct him where to park the truck. That was what was supposed to happen on the day of the incident.
"He (Eldridge) told his fellow worker not to direct the hose-truck to a position directly over the trench," according to the document. "However, he (Eldridge) was directed over the trench, and in doing so, his truck obscured the illumination from the large light pole that was just above him. He was therefore unable to see the contour of the trench."
More: Flooding impacts Route 9 Framingham trouble spot once again
Eldridge, after parking the hose-truck, then got out with the goal to inspect it before beginning the hydro-excavation.
"He then fell into the trench," Stoia wrote. "He fell about six feet, smashed his right shoulder and sustained a concussion."
Eldridge went to MetroWest Medical Center in Framingham and was treated. He remains on workman's compensation to this day. He will have shoulder surgery "soon" and sees a neurologist at Massachusetts General Hospital in Boston to be treated for concussion symptoms and post-traumatic stress disorder, Stoia wrote.
Eldridge, in the lawsuit, said there was an inspector from the Framingham Highway Department at the scene and argued the inspector did not do his job, which would have prevented his injury.
"The job of the inspector is to make sure that the job is run safely, not only to protect the property, but also to protect the safety of the workers," according to the lawsuit. "It was his (the Highway Department worker's) task to intervene if necessary to see that everything is done safely."
In the suit, Eldridge alleges one count each of negligence against the city, the water authority and his employer.
More: Flooding improvements for Framingham Route 9 overpass on schedule for 2022
Eldridge's wife and children each allege one count of loss of consortium against all three defendants, because, due to the injuries, they have "suffered loss of love and affection, companionship and support."
None of the defendants has filed a response to the lawsuit.
Neither Stoia nor representatives from the city could be reached for comment on Wednesday.
A representative for RJV Construction Corp. declined to comment, other than to say that the issue is "in the hands" of the company's insurance company.
Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date public safety news, follow Norman Miller on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.
This article originally appeared on MetroWest Daily News: Man working on Framingham road project files $1.6M suit against city
