Wells v. Komatsu America International Co.

Sundermann, Judge.

{¶ 1} This case arises out of a wrongful-death claim filed by Kathy Wells in her individual capacity and as the administrator of her husband’s estate. On the morning of October 28, 1999, Ralph Wells was part of a crew laying storm pipe for his employer, Performance Site Management, at a job site in Hamilton County, Ohio. Wells’s coworker Johnny Young was operating an integrated earth-moving machine consisting of a Komatsu PC-650 LC5 excavator, a Hendrix hydraulic coupler, and an Esco 54-inch excavation bucket. Wells was working in an excavation trench, laying large concrete…