Estate of Andrew “Beck” Patrick vs. Con-Site Services, Inc.

Case Background

On June 8, 2022, Plaintiff Estate of Andrew “Beck” Patrick filed a wrongful death lawsuit in the Alabama State, Superior Court of Jefferson County (Case number: 22cv902018). Judge Carole C. Smitherman presided over this case.

Cause

Richard Green owned land near Overton Road in Birmingham, Alabama. The property included a high-voltage electrical power transmission easement held by Alabama Power Company, Inc. (APCO). In 2015, APCO hired Con-Site Services, Inc. to perform grading, clearing, and erosion control work on the land. This project involved creating a clearing at the top of a hill and a path leading up to it. Con-Site completed the work in September 2015 and had no further involvement with the site afterward.

Over time, the site became a popular hangout for local teenagers who trespassed onto the property. APCO tried to prevent access by installing chained gates, security cameras, and “No Trespassing” signs. However, these measures failed. Trespassers used bolt cutters to cut the chains, shotguns to destroy the cameras, and even stole the warning signs.

Andrew “Beck” Patrick, a 16-year-old high school junior, often visited the site with friends. His parents had purchased and modified a 2015 Jeep Wrangler for off-roading. The modifications included a booster to enhance acceleration. On August 20, 2020, Patrick went to the APCO property with his friends, Conner Colburn and John Speegle. They drank beer before Patrick decided to drive his Jeep up the steep hill.

On his first attempt, Patrick encountered a gully and reversed a few feet before trying again. During his second attempt, the Jeep flipped backward, ejecting Patrick from the vehicle. The Jeep landed on all four wheels and crushed him. Patrick sustained severe injuries and died as a result of the accident.

Injuries

Patrick’s death occurred during a tragic off-roading accident on the APCO property. While driving his modified Jeep up the steep hill, he encountered a gully that caused the vehicle to flip backward. The rollover ejected Patrick from the Jeep, which ultimately came to rest on its wheels. The injuries from the accident were fatal. Following this incident, Patrick’s estate filed a wrongful death lawsuit against Con-Site Services, APCO, and Richard Green.

Damages

The wrongful death lawsuit sought compensation for the immense loss caused by Patrick’s untimely death. The damages included the loss of financial support, emotional distress, and funeral expenses. Patrick’s death devastated his family, both emotionally and financially. The plaintiffs claimed the defendants’ negligence directly led to the fatal off-roading accident, which took Patrick’s life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Estate of Andrew “Beck” Patrick
    • Counsel for Plaintiff: Michael D. Petway | M. Clay Ragsdale IV
  • Defendant(s): Con-Site Services, Inc. | Alabama Power Company, Inc. | Richard Green
    • Counsel for Defendants: Patrick Strubel | Karmen E. Gaines

Claims

Patrick’s estate filed a wrongful death lawsuit against Con-Site Services. They alleged the company had negligently designed and maintained the site. The plaintiffs claimed the steep slope made the property hazardous for vehicles like Patrick’s modified Jeep. They also argued that the gully, which contributed to the fatal off-roading accident, resulted from poor site maintenance. The estate contended that Con-Site failed to repair these dangerous conditions and that this negligence caused Patrick’s death.

Initially, the lawsuit named APCO and Richard Green as co-defendants. However, the court dismissed Green from the case, and the plaintiffs voluntarily dismissed APCO before the trial. The case proceeded solely against Con-Site Services.

Defense

Con-Site Services denied liability in the wrongful death lawsuit. The company argued that Patrick, as an experienced off-roader, willingly accepted the risks associated with the activity. Con-Site raised an assumption-of-risk defense, emphasizing that Patrick knowingly engaged in a dangerous off-roading activity.

The defendant also argued that it had no responsibility for the site after completing its work in 2015. Con-Site asserted that it had not maintained or modified the site in the five years leading up to the accident. The company claimed it could not have foreseen Patrick’s off-roading accident, which occurred long after its involvement with the property ended.

Jury Verdict

On December 5, 2024, the jury reached a verdict in favor of Con-Site Services. After reviewing the evidence, the jury concluded that the company was not liable for Patrick’s death. The court entered a defense judgment, dismissing the wrongful death lawsuit against Con-Site Services.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com