The family of a Stillwater construction worker struck and killed by a dump truck in downtown St. Paul was awarded a multimillion-dollar settlement in a wrongful death lawsuit alleging that drug use and safety failures led to the man's death.
Ramsey County Judge Mark Ireland signed off on the settlement Wednesday, granting the family of 61-year-old Peter Michael Davis $8.5 million for his wrongful death. Davis died on Sept. 28, 2022, after a truck driven by Dawson Barber of Ti-Zack Concrete backed into Davis, crushing him.
Davis' widow, Kristi Davis, sued Barber and Ti-Zack Concrete. Attorneys for Kristi Davis said court documents showed that Barber tested positive for cocaine and marijuana after the incident, but that Barber's attorneys ignored federal law by waiting six months to report his test results and attempted to hide evidence contained in Barber's phone. Ireland agreed, granting motions for sanctions related to spoliation of evidence.
"During our investigation of Peter's tragic death on behalf of his widow Kristi Davis, we uncovered several serious failures on the part of the defendant," said attorney Jeffrey Sieben with SiebenCarey Personal Injury Law. "These included drug use by the driver of the truck, destruction of evidence, and negligence in drug testing and other safety protocols. In other words, if the rules would have been followed, Pete would still be here."
Attorneys for Barber and Ti-Zack Concrete did not immediately respond to requests for comment.
Davis worked for the St. Paul Regional Water Services for more than 40 years before retiring to work as a subcontractor. Though he lived in Stillwater at the time of his death, family say that Davis grew up in North St. Paul and earned respect among former co-workers for his work ethic and mentorship. He is survived by his wife of 35 years, two daughters and three grandchildren.
"We faced an uphill battle from the moment the driver's mandatory drug test results and cellphone were not preserved as evidence," Kristi Davis said during court proceedings.
"While the settlement doesn't bring Peter back, we hope to begin to move forward in rebuilding our lives around the hole that can never be replaced, as well as to have set into motion improved safety measures by the company to prevent this traumatic event from occurring in the future."
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