Movie Coroner Creek

[Aron Eugine]

Acoroner is elected for the term of four years. Candidates for the position are encouraged by the General Assembly to possess knowledge and experience in the medical-legal investigation of death. It is also the intent of the General Assembly that those individuals holding this office participate in programs designed to develop and enhance their qualifications in fulfilling the duties and responsibilities associated with the office. The coroner may declare an individual dead if he finds the individual has sustained the irreversible cessation of circulatory and respiratory function.

A 58 year old retired factory worker and part-time farmer was killed when the tractor he was operating overturned into a creek and pinned him. At the time of the incident, the victim was mowing a pasture along the creek bed. The tractor was not equipped with a Rollover Protective Structure (ROPS) or a seat belt. Attached to the tractor was a five-foot bush hog. About 3:00 pm the day of the incident, the victim began mowing a 30-acre bottom land pasture by entering a gate on the east of the pasture. The victim drove in a westward direction across the center of the field toward the west end of the field. Along the south and west edges of the rectangular field was a creek and to the north a fence paralleling a public roadway. Having reached the near western end of the pasture, the victim began a cut parallel to the creek heading west with the left side of the tractor bordering the creek embankment. As the victim began the cut along the creek, the left front wheel went over the edge, causing the tractor to roll over to the left and turn over. The victim was pinned from the waist up under the left fender in six inches of water. The victim was alone at the time of the incident and was discovered two hours later by his father and a farm hand. The investigator concluded that in order to prevent future fatalities tractor owners and operators should:

On Thursday, November 3, at about 3:00 pm, the victim began mowing the bottom land pasture. Weather conditions were warm and partly sunny. Driving a 1963 Massey-Ferguson 35 Diesel Delux (36 hp pto) tractor with a five-foot Woods three-point hitch rotary mower, the victim entered the pasture at the east end. The rectangular 30-acre pasture is fairly level with a few swampy areas where water does not drain. The south and west edges of the pasture are demarcated by a creek. A nearly vertical seven-foot, irregularly shaped embankment parallels the creek. This eroded sandy loam edge washes out with heavy rains, continually changing the shape of the field edge. Only short grass holds the treeless flat surface area. Water flows in a westerly direction through a 15-40 foot wide flat rock creek bottom. Depths vary from 6-24 inches. About 30 head of cattle roam the pasture.

A Caterpillar 416 backhoe loader (62 hp, 13,572lbs.) was driven into the creek about 1500 feet from the incident site where a road passes over the creek. The backhoe has a boom lift capacity of 2600 pounds. With the assistance of the rescue squad, the tractor was lifted off the victim. He was strapped to a back board and lifted up the embankment. From there he was transferred by truck to an awaiting funeral home vehicle on the main road. He was later transferred to a state medical facility for an autopsy.

The cause of death was listed as compression asphyxia sustained in a farm vehicle accident with rollover into body of water. Injuries include bilateral rib fractures, pulmonary congestion, cutaneous petechiae of the superior chest, neck and head. The autopsy was negative for alcohol and drugs.

Recommendation #1: Tractor owners and operators should contact their county extension agent, local equipment dealer or equipment manufacturer to see if retrofit rollover protection and operator restraint systems are available for their equipment.

Discussion #1: The tractor in this incident, manufactured in 1963, was not equipped with a ROPS or an operator restraint system, which protect the operator in the event of a rollover. ROPS first became available as optional equipment on farm tractors in 1971. These safety features were not required on tractors until 1976, when OSHA standard 29CFR 1928.51 went into effect. This standard required employers to provide ROPS and safety belts for all employee-operated tractors manufactured after October 25, 1976. However, this standard does not apply to family farms or farms employing fewer than 11 employees. Since 1985, as a result of voluntary agreements by tractor manufacturers, all new tractors sold in the US have been equipped with ROPS and safety belts (MMWR Jan.29, 1993). For this 1963 tractor, retrofit ROPS and operator restraint systems are available for about $750.00. Tractor owners should contact dealers, manufacturers or county extension agents for information on sources of retrofit ROPS and operator restraint systems.

In Kentucky since January 1994, there has been only one documented death where an operator was killed in a tractor rollover on a tractor equipped with ROPS. In this case, the operator was not wearing a seat belt. There have been 22 deaths from non-ROPS equipped tractor rollovers during the same period. In all of these cases, ROPS and seat belts would have saved the lives of the operators.

Discussion #2 In this case the 1963 Massey-Ferguson was in fair condition for its age. However, the rear tire weight distribution was unequal. The left rear tire was fluid-filled, the right air-filled. Two-hundred fifty pounds of additional weight on the left side may have influenced the handling of the equipment. Equal distribution of lateral weight by fluid filling both rear tires is recommended. Although this in itself would not have eliminated the fatal nature on this incident, it could have had a bearing on the tractor handling properties.

Discussion #3: Operators should evaluate the terrain and select a suitable path considering slope, land conditions and attachments. In this case, the pasture was level with a hazard along the south and west edges. The irregular nature of the bank due to the erosion suggests that the precise shape would change between mowings. Even with prior experience in this particular field, the victim may not have been aware of these changes. Evaluation of the conditions prior to starting the laying out procedures may have informed the operator of potential hazards.

To contact Kentucky State FACE program personnel regarding State-based FACE reports, please use information listed on the Contact Sheet on the NIOSH FACE web site Please contact In-house FACE program personnel regarding In-house FACE reports and to gain assistance when State-FACE program personnel cannot be reached.

Lancaster County was named for the English county. It was formed from Northumberland and York Counties sometime between 26 March and 16 September 1651. The county court first met on 1 January 1652. The county seat is Lancaster.

The separate office of coroner appeared in Virginia about 1660. The judicial duty of the office is to hold inquisitions in cases when persons meet sudden, violent, unnatural or suspicious death, or death without medical attendance. The coroner would summon a jury to assist him in determining cause of death. Prior to November 1877, the jurors numbered twelve. Between November 1877 and March 1926, the jurors numbered six. The jury viewed the body of the deceased and heard the testimony of witnesses. The coroner was required to write down witness testimony. After seeing and hearing the evidence, the jury delivered in writing to the coroner their conclusion concerning cause of death referred to as the inquisition. After March 1926, only the coroner determined cause of death. He could require physicians to assist him with determing cause of death. If a criminal act was determined to be the cause of death, the coroner was to deliver the guilty person to the sheriff and the coroners' inquests would be used as evidence in the criminal trial.

Lancaster County (Va) Coroners' Inquisitions, 1792-1926, are investigations into the deaths of individuals who died by a sudden, violent, unnatural or suspicious manner, or died without medical attendance. Causes of death found in coroners' inquisitions include murder, infanticide, suicide, domestic violence, exposure to elements, drownings, train accidents, automobile accidents, and natural causes, or as commonly referred to in the 19th century, visitation by God. Documents commonly found in coroners' inquests include the inquisition, depositions, and summons. Criminal papers such as recognizance bonds can be found in coroner inquisitions. Information found in the inquisition include the name of the coroner, the names of the jurors, the name and age of the deceased if known, gender and race of the deceased, and when, how, and by what means the deceased came to his or her death. If the deceased was African American, the inquest would identify the deceased as a slave or free person if known. If the deceased was a slave, the inquest would include, if known, the name of the slaveowner and the slaveowner's residence. Information found in the depositions include the name of the deponent and his or her account of the circumstances that led to the death of the deceased. Slaves were deponents in coroner investigations.

Margaret Janzen, presiding coroner, and a jury will hear evidence at the inquest from witnesses under oath to determine the facts surrounding this death, the release confirmed. The jury can make recommendations aimed at preventing deaths under similar circumstances. A jury must not make any finding of legal responsibility or express any conclusion of law.

An investigation by the Independent Investigations Office found in 2021 that shortly after noon that day Shawnigan Lake RCMP officers followed up on an assault investigation in the 1100 block of Shawnigan-Mill Bay Road and arrived at the home the 27-year-old shared with his mother in the Cedar Creek Mobile Home Park to arrest him in connection with the assault.

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