Crystal D. Roth, individually and as administratrix of the Estate of Timothy M. Roth, deceased vs. Energy Services, LLC; Jestus Wade; and Michael Lowther
PA- Dino S. Colombo
* On July 29, Lowther and Mr. Roth traveled to Carrollton, Ohio, where they carried out the containment and other professional services for the defendant's job site and did not finish until between 10 p.m. and 10:30 p.m. When they called to inform Wade that they had completed the work, Wade did not instruct them to stay in Carrollton for the night or to get a hotel and that he knew that the men were expected to be back at work at the Anmoore shop the following day. Mrs. Roth claims the men had been working for 22 hours without rest, but they were not given any instructions to stay in Carrollton and were instructed to return to Harrison County. On July 30, at approximately 2:17 a.m., Lowther fell asleep at the wheel and crashed the truck, which was owned by Energy Services, and resulted in the wrongful death of Mr. Roth. Mrs. Roth is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-394