A wrongful death lawsuit filed by an AlliedSignal Inc.

Friday, April 28, 2000

A wrongful death lawsuit filed by an AlliedSignal Inc. worker’s family last year will now be heard in Lawrence County Common Pleas Court.

U.S. District Court Judge Susan J. Dlott returned the suit filed by Sandra Carty, wife of the late Jeff Carty, to the local court after a March hearing in Cincinnati.

AlliedSignal’s attorneys had requested federal jurisdiction because of Allied’s out-of-state ownership.

Judge Dlott denied the claim in a March 27 judgment entry, stating that the presence of a co-defendant who is an Ohio resident, AlliedSignal foreman Edward Hunt, makes it proper for the suit to be heard locally.

Ironton attorney J.B. Collier Jr., who brought the lawsuit on behalf of the Carty family, said that he is pleased the case will be brought back to Ironton.

"We’ve got it back here where it should be, where the accident happened," Collier said.

The lawsuit alleges that Carty’s death was caused by hot tar spilling from an elevated vat onto Carty, causing burns over 75 percent of his body.

Specifically, the suit alleges that the defendants, knowing that a safety device had been removed from the top of tank 24, directed Carty to transfer hot driveway sealer tar from the tank despite the danger.

Defense attorneys disagreed and requested the lawsuit be taken out of common pleas court, arguing that Hunt should not have been named in the suit.

The defense contends that Hunt’s actions were not material to the case and Mrs. Carty’s claims for wrongful death damages can proceed to court without Hunt named as a party to the lawsuit.

If Hunt is not a proper party to the lawsuit, then the case can be moved to federal district court because Allied’s ownership is out of state, attorneys claimed.

In her judgment entry, Judge Dlott quoted federal case law, stating that lawsuits cannot be removed from state court when there is a basis to recover damages from all parties named in the suit, which is the case in the Carty suit.

Defense attorneys argued that the allegations against Hunt arise from actions Hunt took while acting on Allied’s behalf. Therefore, Hunt is not an indispensable party to the suit and the case can be moved to federal court.

However, Judge Dlott said plaintiff’s testimony showed Hunt was properly named in the suit.

"Plaintiff has stated colorable claims against defendant Hunt under Ohio law," she wrote in the judgment entry. "Defendants have not met their burden of proving that the joinder (naming in the lawsuit) of defendant Hunt was fraudulent."

Where he lives, not just Allied’s state of ownership, must be considered and that "destroys" the federal court’s jurisdiction in the matter, according to the judgment entry.

The lawsuit now returns to Lawrence County Common Pleas Court where a judge will review it, then hold a scheduling conference with attorneys, Collier said.

Dates of depositions, hearings and other court matters will be set at that time.

A trial in the suit could occur within a year, he added.