Trevor Kilgore was in a 12-foot-deep trench June 12, 2023, installing water, sewer and stormwater lines for a new home in Bondurant, Iowa, when suddenly the trench collapsed, burying him alive under a wall of clay-like dirt.
“I looked behind me and that entire wall was coming at me,” he told a deputy while waiting for an ambulance, according to his lawsuit. “I tried my best to scrunch, so it didn’t crush my head. It smacked my head against the other wall. And then I just yelled for help.”
The trench contained no trench box or other cave-in-prevention protection, according to the lawsuit Kilgore filed December 5 in Polk County District Court against his former employer, the general contractor and the plumbing subcontractor.
The collapse “crushed his entire body, including his head, neck, back, chest, arms and legs.” By crouching down, he was able to make a pocket of air in which he could breathe.
Kilgore thought he was going to die, the suit says. He was conscious, but he could not move.
“Please save me. Don’t let me die,” Kilgore called out, according to the lawsuit.
Workers cleared the dirt from around his head in 5 minutes. He remained buried from the neck down. With each breath, the dirt shifted around him, making it difficult to breathe from the weight of the dirt on top of him.
When rescue workers arrived, they provided oxygen for Kilgore as they worked to remove him. He was able to climb out of the trench with a ladder provided by rescue personnel and with their assistance.
About 30 minutes after being buried, Kilgore was on the way to the hospital.
Two days later, he was able to walk with a cane but was suffering from mental and physical trauma, according to the suit. The hospital reported the following, the suit says:
- “Headache, Muscle Spasm & Pain” in “Head, bilateral upper and lower extremities,”
- “noticeable pain in upper and lower extremity joints (knees, elbows),”
- “Poor balance and weakness,”
- “Decreased strength with exertion,”
- “pain around the crown of his head since injury,”
- and “PTSD Anxiety”; “having nightmares” and “difficulty sleeping as all he sees is dirt.”
The suit says he “sustained serious physical and mental injuries that were entirely preventable.” Damages include post-traumatic stress disorder, impaired memory and speech, panic attacks, and he remains physically unable to work.
Along with no trench box, other safety rules were not followed, such as inspecting the trench before workers entered; spoil piles and the excavator were closer than 2 feet from the trench edge; water was in and around the trench; and there was no safe way to exit the trench, the suit alleges.
Kilgore’s lawsuit names general contractor Jerry’s Homes; subcontractor R And D Plumbing; and Kilgore’s employer and subcontractor Edwards Enterprises, its owner and the excavator operator. Edwards was hired by R And D.
The suit claims negligence by the defendants and seeks compensation for past and future medical expenses; past and future emotional impairment, mental anguish and physical pain; loss of mental and physical function; loss of past wages and future earning capacity; and past and future loss of parental and spousal consortium.
It seeks a jury trial.
After the trench collapse, the Iowa Occupational Safety and Health Administration issued the following citations:
- Edwards Enterprises – $6,000 fine for failing to provide cave-in protection; for failing to keep material at least 2 feet away from the trench edge; and failure to inspect the trench for safety before workers entered.
- Jerry’s Homes – $3,300 fine for failure to inspect the trench for safety before workers entered.
- R And D Plumbing – A $6,697 fine and violation were deleted, according to online OSHA records.
Edwards Enterprises' president, Gregg Edwards, declined to comment on the lawsuit. Jerry's Homes also declined comment. A message was left with R And D Plumbing seeking comment.
