Major Settlement Awarded in Construction Site Wrongful Death Case

News Summary

A significant settlement of $8.5 million has been awarded in a wrongful death lawsuit after the tragic death of 61-year-old Peter M. Davis at a construction site in St. Paul, Minnesota. His widow alleged negligence against the driver and their employer, citing unsafe practices and drug use. This landmark decision reflects new Minnesota laws allowing compensation for suffering endured before death. The case highlights safety failures in construction that led to the accident, emphasizing the importance of accountability and advocacy in personal injury law.

Major Settlement Awarded in Wrongful Death Case Following Construction Site Tragedy

St. Paul, Minnesota – A significant settlement of $8.5 million has been reached in a wrongful death lawsuit concerning the untimely demise of 61-year-old Peter M. Davis. The lawsuit, initiated by Davis’ widow, Kristi Davis, alleged negligence against the driver of the vehicle that fatally struck him, Dawson James Richard Barber, and his employer, Ti-Zack Concrete, Inc.

The incident occurred on September 28, 2022, at a construction site in St. Paul, where Davis was tragically killed by a dump truck while it was backing up. Reports indicate that Barber tested “presumptive positive” for cocaine and THC immediately following the accident, raising concerns about his fitness to drive. The court found that the defendants failed to adhere to proper drug testing protocols and conducted inadequate training for their drivers.

Settlement Breakdown

In Ramsey County court, it was ordered that almost $3.3 million of the settlement would be allocated for attorney fees to SiebenCarey, P.A., a firm notable for its dedication to representing injured parties. The remaining $5.2 million will benefit the family of Peter Davis, compensating them not only for his loss but also for the suffering he endured from the moment of the accident until his tragic passing.

This recent decision comes under a new Minnesota law that permits victims’ families to receive compensation for the pain experienced by their loved ones before death, significantly contributing to the substantial settlement amount. The historic change in legislation reflects a shift towards recognizing the emotional and physical toll that such incidents take on victims.

Honoring a Community Servant

Peter Davis had a long history of dedicated service, offering over 40 years as a civil servant to his local community, particularly with the St. Paul Regional Water Services Department. In his memory, Kristi Davis has established the Peter M. Davis Foundation, aimed at continuing her husband’s legacy of community support and giving back.

Safety Failures and Deficient Practices

Details surrounding the accident reveal critical safety oversights at the construction site. It was reported that the driver failed to check his passenger-side mirror before backing up and, crucially, there was no safety spotter present to assist. An improperly installed backup alarm also contributed to the tragic incident, as Davis was unable to hear warning signals meant to alert him of impending danger.

Moreover, prior to Davis’ death, Ti-Zack Concrete had a documented history of backup accidents, leading to serious violations cited by Minnesota OSHA related to safety protocols. In the wake of this incident, the company committed to address and enhance safety training practices at their worksites.

Legal Actions and Implications

The lawsuit, which was formally filed on April 28, 2023, at Ramsey County’s 2nd Judicial District Court, accused Ti-Zack Concrete of negligence and ultimately led to the discovery of evidence that the defense may have destroyed. Additionally, the company attempted to shift blame onto Peter Davis himself, contending that he was at fault for the accident. However, the court’s ruling in favor of the Davis family underscores the importance of accountability in maintaining safe working environments.

Settlement discussions concluded before the case could reach trial, with the payment facilitated via the defendants’ insurance company, Travelers. The judge issued a final judgment to dismiss the case related to the settlement on January 31, marking a decisive end to the legal proceedings.

The Role of Advocacy in Personal Injury Law

As a senior partner at SiebenCarey Personal Injury Law, Jeffrey Sieben has been recognized for his contributions to the field of personal injury law. Recently named to the 2025 Personal Injury Power List by Minnesota Lawyer, Sieben’s commitment to advocating for injured individuals and their families has played a vital role in achieving justice for victims like Peter Davis.

This case serves as a reminder of the critical importance of adhering to safety standards on construction sites and the ongoing need for legal advocacy to ensure justice for families affected by wrongful death.