CEDAR RAPIDS – A man injured in a 60-foot fall while working on a wind turbine in November 2009 in Winnebago County has filed a lawsuit against the corporation that made the safety equipment he was using at the time.
Timothy W. Flack, no address available, filed the lawsuit against Tractel LTD of Toronto, as well as Tractel Group of Germany and Tractel, Inc., of Massachusetts, in district court in November. The case was moved to federal court this week.
The defendants designed, tested, marketed and distributed the safety equipment he used while employed by Clipper Windpower Inc., as a repair worker, according to the lawsuit.
Clipper Windpower was not named as a defendant in the suit.
Flack was using a Tractel safety lanyard provided to him by Clipper Windpower on Nov. 6, 2009, when he was working inside a wind turbine near Thompson.
The lawsuit states when a worker is moving up and down a wind turbine ladder, the clips on the lanyard are to be attached to a harness and a cable sleeve to act as a brake to stop the worker during a fall to prevent injury.
When Flack attempted to descend the ladder in the interior of the windmill tower, he lost his footing and slipped, falling about 60 feet and sustaining permanent and serious injuries, according to the lawsuit.
Flack claims he was using the safety equipment as he had been trained and instructed.
Flack claims that as a result of Tactel’s negligence, he suffered damages that include medical expenses, lost income, permanent ability to earn income in the future, pain and suffering, and permanent scarring and disfigurement.
Flack is requesting a jury trial.
The law firm representing Flack is Crowley & Bunger of Burlington.
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