The family of a man in Texas, who was killed using a railcar elevator, has filed a wrongful death lawsuit against he machine’s manufacturer.

According to court documents filed Gregg County, Texas, Jacquelin Ferguson has filed a lawsuit on behalf of the deceased Eric John Ferguson against Compton Enterprises Inc. The lawsuit contends that Eric John Ferguson received fatal injuries while he was using a  Compton railcar elevator on July 17. Ferguson was killed when he was swept into the transloader.

The lawsuit claims that the transloader was dangerous, as it was unguarded and contained no kill switch or emergency cut-off device. The defendants are accused of defective design, defective manufacturing and defective marketing. The suit also alleges failure to warn and negligence.

The plaintiffs are seeking damages for conscious physical pain, emotional pain, torment and suffering, medical expenses, and funeral expenses.

Losing a loved one is always a terrible experience. In many cases the grief can be compounded by knowing that a loved one’s death could have easily been avoided. Under the Pennsylvania Wrongful Death Act, you may be entitled to certain kinds of compensation if you have lost a spouse, parent, or child to an act of negligence. For more information contact the Pennsylvania Wrongful Death Attorneys of Lowenthal & Abrams, P.C., at 610-667-7511.