Tolbert's co-workers were able to stop the paving machine but were unable to lift it away and had to call a large wrecker. Jason Sampsell said Tolbert was backing up the heavy equipment on May 1 when he fell.
The suit also seeks damages in excess of $15,000 from LeeBoy, a North Carolina corporation, for wrongful death and negligence.Ī woman answered the telephone at Liberty Sealcoat on Tuesday morning and said the owner of the company could be reached by email, but there was no response to questions Tuesday. The suit filed on June 28 against Pavemax said the company was negligent when it failed to adequately train Tolbert in the safe operation of the LeeBoy heavy paving machine, allow a 72-year-old man to operate the machine, failed to provide adequate supervision of the employees and a safe work environment. at 1115 Enterprise Court, Suite G, Holly Hill, is also facing a lawsuit from Tolbert's estate representative and his family seeking damages in excess of $15,000.
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The penalty is the maximum under the law "for failing to provide a place of employment free from recognized hazards," the agency stated.Ĭourt records reviewed on Tuesday also show that Pavemax, whose business identity is Liberty Sealcoat Ltd. Tolbert, of Deltona, "subsequently fell and was pulled under the paver," killing Tolbert when he was run over by the paving machine at a construction site for a medical office in Orange City on May 1. OSHA fined Pavemax Asphalt Services, of Holly Hill, $16,814 after its inspectors determined the paver operator, Ulysses Tolbert, 72, "lacked proper training to use the equipment, and was allowed to stand on the equipment while it was in motion," the agency stated.
A Holly Hill paving company cited by the federal Occupational Safety and Health Administration in the May death of an employee crushed by heavy equipment is also facing a lawsuit for wrongful death and negligence, records show.
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