SAN JOAQUIN, Calif., Dec. 19, 2023 /PRNewswire/ — The widow of a man killed on a conveyor belt incident filed a wrongful death lawsuit in San Joaquin Superior Court, alleging the company that made the machine is liable for his death.

According to the complaint, on August 1, 2022, Mark Clinkenbeard was using an asphalt plant collection conveyor belt built by Gencor Industries Inc. (based in Orlando, FL) in a proper manner. Mark was performing his usual work duties and was greasing a bin feeder conveyor when suddenly and without warning the belt started moving, forcing him into the opening between the bin feeder belt and the collection belt. He was dragged until his right leg became entangled in the return rollers.

First responders had to use the jaws of life to remove Mark from the machine and rushed him to the nearest hospital. However, he was pronounced dead the following day after suffering multi organ system failure caused by profound trauma.

“The last few moments of Mark’s life were terrifying,” said attorney Mary Alexander, Principle of Mary Alexander & Associates. “He was doing his job but the machine malfunctioned through no fault of his own. Now, his wife has to live her life without him which is just unbearable. Had Gencor properly constructed its machine, this never would have happened.”

According to the complaint, the California Division of Occupational Safety and Health (Cal/OSHA) performed a full investigation and found that neither of the collection belts nor the feeder belts were locked out which created a dangerous working condition for Mark. It also concluded that the audible warning that should have alerted Mark about the belt’s movement could not be heard over the sound of the machine operating. Cal/OSHA’s investigation concluded no safe access points or work platforms were provided to access the maintenance points on the bin feeder belts. And it revealed there was no safe platform or maintenance runway present at the time of the accident.

“Mark was put in harm’s way from the moment he stepped near the machine,” Ms. Alexander added. “Through no fault of his own, Mark suffered severe crushing, multi organ failure and ultimately death.”

The lawsuit also alleges Gencor and the other named defendants had prior warning of the risks, yet chose to ignore them.

The case is Heather Clinkenbeard v. Gencor Industries, Inc., San Joaquin Superior Court, Case No. STK-CV-LBC-2023-13555.

About Mary Alexander & Associates

Taking legal action can be difficult to do when you are mourning the loss of a loved one. If you have recently lost a family member in an accident caused by another person’s negligence, our compassionate San Francisco wrongful death lawyers are here to advocate for your family.

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Joe Marchelewski
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SOURCE Mary Alexander & Associates