Cedar Rapids mother files lawsuit in son’s death last year

Willie Mercer was looking forward to parole, so he could reunite with his young daughter and son after serving time for a burglary he committed when he was 19.

Mercer, 27, who grew up in Cedar Rapids, was to have a possible parole hearing last May but never made it to the hearing. He signed up for a work release program while serving his sentence in the Newton Correctional Facility to prepare to re-enter the community and landed a job with Sully Truck Wash in Sully on Aug. 12, 2013. He died Jan. 21, 2014, while assigned to clean out a tanker trailer.

According to the state medical examiner, Mercer was exposed to fatal levels of hydrogen sulfide, causing his death. Hydrogen sulfide is a gas commonly produced through the chemical breakdown of animal waste.

Mercer's mother, Tawn Mercer of Cedar Rapids, along with his children, Zayden, 7, and Kaleya, 8, filed a wrongful-death lawsuit last month in Jasper County against the truck wash company and a supervisor, Brent Vander Molen, also in charge of safety for the company.

The suit claims the company and Vander Molen were negligent in failing to follow procedures for permit-required 'confined spaces” and cleaning tankers; didn't provide protective equipment; failed to leave the tanker hatch open before cleaning; failed to adhere to OSHA safety policies and procedures; and failed to warn employees about dangers of the work. The lawsuit asks for damages including pre-death pain and suffering, pre-death loss of full mind and body, past medical expenses and interest on funeral expenses, and loss of support of Mercer's children

Brent Vander Molen and company attorney Jay Helton, of Whitfield and Eddy in Des Moines, didn't return phone messages.

An OSHA investigation was opened as a result of Mercer's death, and officials cited Sully Truck Wash for several 'serious” violations and found the death was a result of dangerous work conditions. The company was fined $8,400 and reached settlement March 26 for a $5,000 fine along with an agreement to correct the cited violations, according to an Iowa Division of Labor document.

According to the documents, the violations included the lawsuit's claims along with citations for failing to maintain or implement a written hazard communication program. The emplo yees were exposed to hazardous chemicals on a daily basis and listed three products which are classified as 'corrosive liquid.” The next two violations cited them for not providing information, such as material safety data sheets, and training to the employees when a new hazardous chemical was introduced into their work area.

According to an interview transcript from the OSHA investigation, Vander Molen, also the mayor of Sully, did not get a response from Mercer when checking the tanker. Vander Molen said he and another inmate, Justin Hurdel, got into the tank when they saw Mercer laying on the bottom of the tank.

Vander Molen said he started chest compressions and tried to get Mercer up but Hurdel passed out, according to the transcript. Vander Molen tried to get Hurdel up but couldn't. He said he couldn't remember anything after that. Vander Molen and Hurdel were found unconscious by EMTs but survived.

'Tawn Mercer and Willie's small children mourn the loss of Willie every day,” said Darin Luneckas, the family's attorney with Luneckas and Newhouse in Cedar Rapids. 'Tawn hopes the lawsuit will bring awareness to the dangers of working in confined spaces like tanker trailers and railroad tank cars, and also encourage companies with these work environments to follow the confined space permit requirements so as to avoid more tragedies like this one.”

Sully and Vander Molen haven't filed in response to the suit, and no trial date is set.