Westar Mechanical Inc.

Two workers, Martin Grenzhauser, a 5L employee, and Ed Reiley, a Westar employee, were killed while installing water and sewer lines. Westar had been hired to install a water and sewer line in the City of Middletown. Reagan hired a subcontractor, 5L Enterprises, to perform excavation work in connection with the installation. As workers from Westar and 5L were excavating the ditch, they unexpectedly encountered a water pipe. When informed of it, Reagan immediately ordered the work to stop. He then conferred, on location, with Richard Brannan, the plumbing inspector for the City, as to the best way to proceed. The plumbing inspector, acting on behalf of the city, did not stop the excavation, nor did he direct or require that the pipe be supported or the trench be shored, or that the water be shut off. On the contrary, the conference with Brannan at the scene resulted in Reagan telling the men to continue working, but avoid getting too close to the pipe. Afterward, when hand-digging the trench around the pipe, the trench collapsed and ruptured the water pipe. Despite efforts to save the two workers, the water level rose for approximately one-half hour and the two workers drowned.