Trevor Kilgore, a worker involved in a home construction project in Bondurant, Iowa, has filed a lawsuit after being trapped in a collapsing trench on June 12, 2023. The trench, which was 12 feet deep, had been improperly constructed and was inadequately protected, leading to its collapse while Kilgore was working to hook up water and sewer lines at the site.
According to court documents, Kilgore vividly described the terrifying experience as the trench collapsed around him. In an effort to survive, he dove towards the side of the trench, attempting to “scrunch” his body up to create an air pocket to avoid being crushed. Despite his efforts, dirt struck him in the head, and he could only scream for help. His co-worker, who had been operating the excavator at the time of the collapse, later reported that Kilgore was heard pleading for his life, saying, “Please save me. Don’t let me die.”
The lawsuit names several parties, including the construction company Edwards Enterprises, Inc., its president Gregg Edwards, and various subcontractors involved in the project. Kilgore alleges that Edwards, the company’s president, was aware of the unsafe conditions on the site. In a conversation with authorities immediately after the incident, Edwards is said to have acknowledged the dangers of the trench work, admitting, “Is it unsafe? Absof inglutely. But it’s hard to make it safe. You gotta get a guy in there to make it safe.” Edwards also reportedly said, “I know I fed up,” just days after the collapse, when questioned by an Iowa Occupational Safety and Health Administration (IOSHA) investigator.
The lawsuit claims that Kilgore was not provided with adequate training on the proper safety procedures for trenching and excavation, as required by federal and state Occupational Safety and Health Administration regulations. Additionally, it alleges that there was no competent person assigned to oversee the project, a requirement for ensuring proper safety measures were in place.
Kilgore’s legal team points out that the trench itself was constructed in a way that violated safety guidelines. Specifically, they assert that the soil at the site should have been classified as Type C soil, which would have necessitated a wider trench for safety. The lawsuit claims that the trench was far too narrow for the type of soil present, making its collapse even more likely. The trench was supposed to be 39 feet wide at the top, but evidence gathered from the scene showed that the actual width was nowhere near the required measurement.
During the collapse, Kilgore was buried under the dirt for approximately five minutes, with his head struck by falling debris. The construction crew worked frantically to free him, and emergency responders arrived at the site shortly after. Despite their efforts, Kilgore remained partially buried until a firefighter brought a ladder to the scene to assist with the rescue. In total, Kilgore spent around 30 minutes in the trench before being safely pulled out.
Upon rescue, Kilgore was given oxygen and fluids due to concerns of lactic acid buildup in his legs. He suffered injuries to his head, as well as bruises on his face and pain in both legs. He also experienced emotional trauma, including symptoms of PTSD, anxiety, and nightmares. The lawsuit outlines that Kilgore continues to struggle with the psychological and physical aftermath of the incident, with sleep disturbances and vivid memories of being trapped in the trench.
Kilgore’s legal action seeks to hold Edwards Enterprises, Inc. and the other involved parties accountable for their role in the unsafe working conditions that led to the trench collapse. The case highlights the risks associated with improper safety measures in construction, particularly when working in hazardous environments like deep trenches. The lawsuit claims that these unsafe conditions and the failure to follow required safety protocols directly contributed to the dangerous and life-threatening situation Kilgore faced.
