The son of a man killed by a backhoe while working on Galleria Oaks Drive is suing John Deere for wrongful death.
Jose Andrade Sr., 65 of Texarkana, died February 3 when according to the complaint filed in the Texarkana Division of the Eastern District of Texas federal court, “the bucket arm pinned him to the body of the
backhoe resulting in his death.”
The complaint alleges that the lack of any design features on the backhoe loader meant to protect the user from this known incident happening resulted in the fatal injuries to Jose Andrade, Sr.
The complaint goes on to say, “the product in question was unreasonably dangerous in the event it should be involved in an incident such as occurred herein because Defendant lacked any built-in design features meant to prevent this form of injury, and therefore was not equipped with any prevention of bucket loader swinging into a position in which if could crush the user resulting in injuries and/or death.
The complaint alleges that Jose Andrade Jr. has suffered extreme emotional distress, mental anguish and loss of consortium in the past and, in all likelihood, will into the future as a result of the death of his father, Jose Andrade, Sr.
The son is asking for a trial by jury to recover funeral expenses, actual damages, and court costs.
The case has been assigned to U.S. District Judge Robert Schroeder and no hearing dates have yet been set.