Estate of construction worker fatally injured at Portland’s Benson High School files $25M lawsuit

By Aimee Green | The Oregonian/OregonLive
The estate of a 33-year-old ironworker who died from “catastrophic blunt force trauma” after a forklift rolled onto her at the reconstruction site of Benson Polytechnic High School in Northeast Portland filed a $25.5 million lawsuit Monday against the construction company that is overseeing the project.

The estate of Samantha “Sam” Deschenes faults Andersen Construction for allegedly failing to properly train the forklift operator, failing to have adequate staff on site to properly monitor the work that was underway and failing to “enforce policies and procedures to prevent struck-by incidents” such as the one that killed Deschenes less than two weeks ago.

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Andersen Construction is the sole defendant listed in the lawsuit. A company representative, Gil Rudawsky, didn’t comment on the specifics of the suit but said in an email Tuesday “our focus continues to be on the health and well-being of our team members, providing support to Samantha’s family, and working with safety and health officials as part of the accident review.”

According to the suit, Deschenes was working on the site near Northeast 12th Avenue and Irving Street on May 30 at about 3 p.m. when the heavy machinery rolled onto her and pinned her down, crushing her beneath its weight. An ambulance and Portland Fire & Rescue arrived in three to five minutes.

Deschenes was rushed to a local hospital, where according to the suit, she underwent an 11-hour surgery to repair a ruptured aorta. But the suit states that Deschenes’ brain suffered “an unrecoverable lack of oxygen and life support was removed” on June 1, which is her listed date of death.

Deschenes, a single mom, is survived by her 9-year-old son and her parents, Carol and Thomas Ruvolo. She worked for REFA Steel Erectors, a subcontractor at the Benson High site. She was a member of Ironworkers Local 29.

The suit seeks damages for Deschenes’ pain and suffering, including her “profound existential terror prior to her death.” It also seeks damages for her family’s loss of companionship, lost future earnings, funeral and burial expenses, and medical bills, which the suit states amounted to about $500,000.

The suit was filed in Multnomah County Circuit Court by Portland lawyer Joe Piucci and Vancouver lawyer Thomas Phelan.

The modernization of Benson began in 2021 and is scheduled to be complete this summer, according to the district’s website. During construction, students have been attending classes at the Marshall campus in Southeast Portland.

After the May 30 incident, Andersen Construction paused work at the site until June 4. The company also said it had grief counselors on site last week for workers.

— Aimee Green covers breaking news and the justice system. Reach her at 503-294-5119, agreen@oregonian.com or @o_aimee.

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