Electrocution victim's father sues

STERLING – The father of a girl electrocuted on a local farm 12 days ago is suing a seed company and others, alleging they knowingly ignored a safety hazard that led to her death.

The lawsuit, filed Thursday in Winnebago County Court, asserts that defendants failed to inspect and eliminate the hazard and repair the electrical problem in the cornfield where 14-year-olds Hannah Kendall and Jade Garza were electrocuted. The suit contends that ComEd failed to inspect and repair the meter.

The girls were killed on July 25 when they came into contact with an irrigation system while detasseling corn in a farm field near Tampico.

Kendall's father, Brian Kendall, hired a downtown Chicago law firm, Power Rogers & Smith, to file the complaint against Monsanto Company, among other defendants.

The lawsuit states that the family wants in excess of $50,000 from each defendant. Smith would only say that the plaintiff would seek "substantial damages."

"The death of Hannah Kendall was absolutely preventable," Devon Bruce, one of the attorneys working on the case, said in a statement. "She should have never been allowed to work in that field when there were known hazards present."

In response to the lawsuit, a statement from Monsanto said there was "no basis to today’s statement by this plaintiff's lawyer that Monsanto knew there was an electrical hazard in the field."

"Otherwise, the crew would have never been allowed to enter the field," according to the statement.

Besides Monsanto, defendants are ComEd; farm owners Virginia and Donald Matthews; Kevin Larkey, who leased the farm; and R&J Enterprises, the labor contractor.

The lawsuit was filed even though investigations by the Whiteside County Sheriff's Department and the U.S. Occupational and Safety Health Administration have not been completed.

Todd Smith, one of the attorneys on the case, said the firm wanted to file the case now so that it could obtain court orders to preserve evidence.

Last week, Virginia Matthews told Sauk Valley Media that a bolt of lightning on July 23 had struck the meter box that powered the pivot irrigation system. The box was blown to pieces.

Larkey turned off the power and called an electrician over that weekend, Matthews said. But the electrician didn't come before the detasseling work began on the morning of July 25. Larkey didn't call ComEd, she said.

Larkey couldn't be reached for comment Friday.

In a statement, ComEd spokesman Bennie Currie said the company's "thoughts and prayers are with the families of the young people who were involved in this tragic incident."

"ComEd cannot speak to the specifics in this pending litigation," Currie said in the statement. "We continue to work with local authorities as part of our investigation, which has not yet been completed."

According to the lawsuit, the cornfield was filled with water and was electrified because of the defective meter.

"We think the negligence is so clear that there need not be a wait of months for an OSHA investigation," lawyer Smith said. "No disrespect to OSHA, but it'll take a great deal of time."

Hannah Kendall's parents, Brian and Mary Kendall, are divorced, but they had a joint custody arrangement, Smith said. This is why the father filed a separate lawsuit, he said.

According to the lawsuit, Brian Kendall was appointed the special administrator of his daughter's estate. Because of the defendants' negligence, it says, the father was deprived of love, companionship, affection, comfort, advice and solace.

There is no indication that other lawsuits have been filed.

Smith said his firm filed the complaint in Winnebago County because Monsanto, ComEd and R&J Enterprises do business in that area.

He said the father approached the firm to be represented. It has done work in Dixon, Rochelle and Rockford before, he said.

OSHA spokeswoman Rhonda Burke said the department's investigation will attempt to find whether there were any violations of workplace safety regulations.

"OSHA has 6 months from the date of the accident," she said. "It doesn't always take 6 months."

A spokeswoman for Whiteside County State's Attorney Gary Spencer said he had received no reports indicating criminal negligence.

In a statement, Monsanto said it was "deeply saddened by the loss of these two teenagers."

"As a member of the community, we are continuing to work with law enforcement officials and OSHA as they investigate this unforeseeable accident," the company said in the statement.

The company said it would be premature and unjustified to comment on the case until OSHA's investigation is completed.

Safety is paramount at Monsanto, according to the company.

"We place the highest priority on the safety of our contractors and employees," the statement said. "We continue to express our sincere condolences to the families that have lost loved ones in this unforeseeable accident."

Second family investigating cause of farm accident

MORRISON – The parents of 14-year-old Jade Garza, who was electrocuted last month while detasseling corn on a Tampico farm, may be gearing up to file a lawsuit of their own.

Christopher Garza and Sabrina Knapp, through attorney Jim Mertes, last week took steps to preserve “physical and scene” evidence, such as the center pivot irrigation system that investigators suspect electrocuted Garza and her best friend, Hannah Kendall, 14, on July 25.

Mertes declined Friday to say whether the parents intended to file a lawsuit, but said that they are “investigating the incident."

On July 29, Mertes filed a temporary restraining order in Whiteside County Court against Walnut couple Donald and Virginia Matthews, who own the farm at Luther Road south of Star Road in Tampico; Kevin Larkey, also of Walnut; Monsanto Company; and ComEd.

Whiteside County Judge Stanley Steines entered an emergency order that same day; the order remains in effect until Monday, when further proceedings are planned.

Mertes also filed a complaint for an injunction. Much like a restraining order, an injunction is a court order that requires or bars a defendant from performing a certain action.

An injunction, however, is more permanent than a temporary restraining order.

In court documents, Mertes asked that the defendants be barred from modifying, altering, selling, or damaging all equipment and machinery, including an irrigator or center pivot irrigation system and its wiring and mechanical components.

“The equipment located on or near the farm property at the time of the incident is or may be relevant to the investigation of claims or causes of action which may arise in relation to the incident,” Mertes asserted.

He also asked that the defendants not prevent him, his staff or an investigator from going to the farm to make visual observations, take measurements, shoot video, and take photographs of machinery and the “scene of the incident."

The request does not apply to other buildings or homes on the property, Mertes wrote.

Mertes declined to say whether he or anyone from his office had been out to the property near Tampico.