Widow Files Wrongful Death Lawsuit Against Transportation Cabinet

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BOWLING GREEN, Ky. (WBKO) -- On October 8, 2012, the Occupational Safety and Health Administration said workers were pouring concrete to form a retention wall along Highway 90 in Barren County, when the metal form that was designed to hold that 24 by 12 ft wall in place fell. One Bowling Green attorney says it all could have been prevented.

"Our research has indicated that there is a pattern of ignoring the safety rules and regulations by the Department of Transportation, and it was only a matter of time before someone got hurt," said Bowling Green Attorney Mike Breen.

Unfortunately for Kenneth Decker of Edmonson County and his family, he would never recover.

"A man died. Three other people were severely injured and it's doubtful they will ever be able to work again," said Breen.

Breen insists in the complaint he filed against the transportation cabinet on behalf of Decker's widow and two others who were injured, that the accident was a result of negligence.

"Engineers who work for the Department of Transportation ignored or paid no attention to numerous safety rules and regulations on this highway project, and they were aware of the safety problems on the project and let it go forward anyway," said Breen.

Breen said this lawsuit is about making sure those who construct and drive on roads in south central Kentucky are safe, but it also means if won, Decker's widow could claim damages in the wrongful death suit.

"So the money and benefits he would have earned during his lifetime are something that she can recover in the lawsuit."

Now the lawsuit will go on to the discovery phase where both sides will gather evidence before the case goes to a jury trail.

Bowling Green attorney Tom Kerrick is representing the Kentucky Transportation Cabinet's District 3 in the case, and told WBKO he filed a response of behalf of the district, saying it does not claim negligence in the accident, but declined to make any further comments at this time.

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