Portland contractor faces wrongful death lawsuit

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By Chuck Slothower
BridgeTower Media Newswires

The estate of Samantha “Sam” Deschenes, a 33-year-old ironworker and mother who died from injuries suffered in a forklift accident at the Benson Polytechnic High School modernization project in Portland, Oregon, has filed a wrongful death lawsuit against Andersen Construction Co.

Deschenes’ estate, controlled by her mother, Carol Ruvolo, is seeking $25.51 million in damages, according to the complaint, which was filed Monday in Multnomah County Circuit Court.

The suit adds new details to what was publicly known about Deschenes’ death. She was a union ironworker employed by subcontractor REFA Steel Erectors, based in Tigard, Oregon She was at work on the Benson project site on May 30 when a forklift “rolled over onto her, pinning and crushing her beneath it.”

Deschenes was rushed into an 11-hour surgery to repair a ruptured aorta, but her brain had suffered from a lack of oxygen and life support was removed on June 1, according to the complaint.

The lawsuit claims Andersen, as general contractor, was negligent in failing to adopt policies and procedures to prevent “struck-by” incidents, failing to have adequate personnel on the jobsite to properly monitor the work, and failing to enforce its own policies regarding forklift and equipment operation, among other allegations.

“Any accident that’s on a construction site, especially with a big contractor like Andersen, is preventable,” said Joe Piucci, a Portland lawyer who is representing the Deschenes estate.

Andersen declined to comment on the lawsuit.

“While it is not our practice to comment on pending litigation, our focus continues to be on the health and well-being of our team members, providing support to Samantha’s family and working with safety and health officials as part of the accident review,” the company said in a prepared statement.

Andersen indicated it continues to collect donations for a fund that has raised more than $15,000 for Deschenes’ family. Donors include Andersen Construction team members, as well as construction companies and partners across the country, the company said.

Andersen, based in Portland, is one of Oregon’s largest homegrown construction firms. The contractor has extensive experience building K-12 schools, including the Grant High School modernization for Portland Public Schools, Clackamas High School, and a package of school projects in Philomath that included a new elementary school.

Deschenes, who resided in Clark County, Washington, was a member of Ironworkers Local 29. She is survived by a 9-year-old son.

Deschenes’ estate is represented by Piucci of Piucci Law in Portland and Thomas Phelan of Phelan Law Office in Vancouver.