Vitro Flat Glass LLC filed a civil claim against several staffing agencies, seeking indemnification and defense costs in connection with a wrongful death lawsuit stemming from a 2022 workplace forklift incident that killed a woman at its Wichita Falls, Texas, facility.
Vitro argues in the claim filed in Allegheny County’s Court of Common Pleas that ABM Industries Inc. and GCA Services Group of Texas breached contracts dating back to 2008 when the company was still PPG. The contracts govern the responsibility of ABM and GCA for work at Vitro’s facilities, and feature indemnification clauses that require the staffing agencies to hold Vitro harmless for any lawsuits against third-party employees.
Workplace Death
The wrongful death lawsuit stems from a 2022 incident at Vitro’s Wichita Falls, Texas, facility that resulted in the death of an ABM and GCA employee. The employee, Kimberly Wright, was struck from behind by a forklift and fatally run over as she walked to the breakroom. Court documents indicate that she was rushed to the hospital and placed on life support before she succumbed to her injuries.
Wright’s family sued several companies, including Vitro, ABM and GCA, accusing them of negligence and asserting that they were responsible for Kimberly’s death. In the suit, the family argues that the defendants failed to operate the forklift properly and provide safe walking areas removed from machinery operation. They seek monetary damages of more than $25 million.
“Vitro and Chance Pringle (forklift operator) owed Ms. Kimberly Wright a duty of care to act reasonably in the operation, management and training of its employees as to operate the equipment and production of their product so that no person loses their life as did Kimberly,” note court documents. “On the occasion in question, defendants, by and through their officers, employees, agents and representatives, committed acts of omission and commission, breached their duty of care owed to Kimberly Wright, which collectively and severally constituted negligence and gross negligence.”
Vitro Seeks Contract Enforcement
In its recent claim, Vitro argues that its contracts with ABM and GCA require them to indemnify it and hold it harmless “for any lawsuits arising from [ABM and GCA] or their employees’ work on a contract.” Vitro alleges that over the past several years, the staffing companies repeatedly denied its requests for indemnification and defense.
“Such refusal and/or failure to indemnify, defend and hold harmless Vitro for the claims alleged in the Third Amended Petition constitutes a material breach of [ABM’s and GCA’s] obligations under the [contracts],” state court documents.
Vitro asserts that the refusals have caused it damage, and, as such, seeks attorneys’ fees and costs in pursuance of the claim.
This is what happens when you allow contracting agencies to put whomever on that type of machinery instead of a more experienced employee. You get what you pay for to include a senseless death that was a preventable circumstance