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Lanzo Construction

Description

Whiteye, a pipe layer, died while working on a sanitary sewer project. He and his crew were laying concrete truss pipe in a 50 feet long by 15-20 feet deep trench. Whiteye was working in a trench box that was only 4 feet wide, but it should have been 8 feet wide. A Vice President of the company, Angelo D'Allesandro, had directed the use of a 4 feet wide trench box to save time. He had to leave the trench box when he encountered a natural gas line. While he was working to connect pipe to a manhole near the gas line, the trench collapsed around the manhole and Whiteye was partially buried and died. It was raining the day of the incident, and although excavation work is more dangerous in wet conditions, Bret Bertollini, the foreman supervising the work, did not stop the work on account of the rain. Whiteye and another employee had suggested to Bertollini that he stop the work, but they were ignored. Mark Klimbal, a field superintendent, chose not to provide safety instruction, advice, or training to Whiteye and his crew when they were hired. In 2005, barred from receiving state contracts until 2013 under a 2003 Granholm Executive Order.

Prosecutors

Attorney General Jennifer Granholm

Incident Type

Trench Collapse

County

Oakland

State

Michigan

Date

May 24, 1999

Available case materials include

  • Case/Court Decisions
  • Media Clips & Gov't. Press

OSHA Inspection

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
Robert Whiteye 52 Pipe Layer Lanzo Construction Fatality

Defendants

Name Type Title Plea Information Conviction Sentence
Angelo D'Alessandro Individual Vice President Unavailable All charges dismissed.
Penal Crimes Charged

Involuntary Manslaughter

Other Crimes Charged

Labor Code violation causing death to an employee (Mich. Lab. Code Sec. 408.1035a)

Lanzo Construction Co. Entity Entity Unavailable Acquitted of involuntary manslaughter, but convicted of MIOSHA violation causing workers death. Sentenced to 2 years probation and a $10,000 fine. Lanzo was required to pay a $60 crime victim fee, $3,240 in court supervision fees, and $600 in court costs. Conviction upheld on appeal. The company's president and majority shareholder, Quirino D'Allesandro Sr. was named by the court as the responsible party for the corporation throughout the 2 year probation. He was required to file written monthly reports to the court stating compliance with the terms of the probation order. If MIOSHA violations were found during the probation period, additional obligations and penalties would be ordered.
Penal Crimes Charged

Involuntary Manslaughter

Other Crimes Charged

Labor Code violation causing death to an employee (Mich. Lab. Code Sec. 408.1035a)