An Iowa construction worker is suing after a terrifying accident left him buried under a massive wall of dirt at a new home construction site in Bondurant, a town just over 14 miles from Des Moines.
Trevor Kilgore says he was working in a 12-foot-deep trench on June 12, 2023, when the walls suddenly collapsed, trapping him beneath the dirt.
In his lawsuit, Kilgore describes the horrifying moment when the trench gave way. He says he dove toward the side of the trench, curling his body to create an air pocket and protect his head.
“I looked behind me and that entire wall was coming at me,” Kilgore told a Polk County deputy while waiting in an ambulance. “I tried my best to scrunch, so it didn’t crush my head. It smacked my head against the other wall. And then I just yelled for help.”
The co-worker operating the excavator that day, who is also named in the lawsuit, recalled hearing Kilgore’s desperate plea: “Please save me. Don’t let me die.”
Kilgore is suing his former employer, Edwards Enterprises, Inc., along with the company’s president Gregg Edwards, other company officers, and the construction firms involved in the project. The lawsuit accuses them of failing to follow safety rules and putting workers’ lives at risk.
According to court documents, the trench was not properly secured or wide enough for the type of soil on the site. Safety regulations require that a trench 12 feet deep in loose Type C soil should be at least 39 feet wide at the top. This trench was nowhere near that size, the lawsuit claims.
Kilgore says he was buried for five minutes before the construction crew started digging him out. Emergency crews arrived about 15 minutes after the collapse, finding Kilgore still trapped from the waist down. A Bondurant firefighter eventually brought a ladder to help rescue him. It took 30 minutes to free Kilgore completely.
Paramedics gave him oxygen and fluids to address possible compartment syndrome, a dangerous condition caused by pressure building in his legs. He was left with bruises on his head, pain in his legs, and other injuries. Kilgore says he now suffers from PTSD, anxiety, and nightmares, often seeing dirt in his dreams.
Court documents include alarming statements from Edwards himself, who allegedly admitted to cutting corners on safety. “Is it unsafe? Absof—inglutely,” he reportedly told investigators. “But it’s hard to make it safe. You gotta get a guy in there to make it safe.” Edwards also allegedly told an OSHA investigator two days later, “I know I f—ed up, okay.”
Kilgore’s lawsuit also claims that Jerry’s Homes, another contractor on the project, failed to inspect the site or assign someone to oversee the work properly. He argues this negligence contributed to the dangerous conditions that nearly cost him his life.
When reached for comment, Edwards reportedly declined to speak, according to media reports. The lawsuit sheds light on the dangers of construction work and the importance of following safety rules to protect workers from avoidable tragedies.
