The family of Carl Wescott, a 73-year-old military veteran, sued Oregon officials and contractors after he fell into an open construction trench while driving his motorized wheelchair home from a store in 2022 and later died of his injuries. The case was settled this month, according to filings and attorneys familiar with the agreement.
The lawsuit argued workers at a street project told Wescott he could pass through the site rather than detour, and that moments later he toppled into a trench along the route. Court papers describe severe trauma — including an open ankle fracture-dislocation, a broken left fibula and a fracture to his left upper arm — as well as widespread soft-tissue damage. The complaint named the state of Oregon and county-connected contractors, alleging negligence in traffic control and pedestrian access around the excavation. The settlement ends a case that has drawn attention to how short-term roadwork is signed and staffed when sidewalks and curb ramps are obstructed.
Relatives said the fall happened in Sweet Home as Wescott returned from a quick errand in his power chair. According to the complaint, workers waved him through, but he encountered an unprotected opening and dropped into the trench. He was hospitalized with complex orthopedic injuries and later died, the filing states. Attorney descriptions of the medical records highlight the open ankle fracture, the fibula break and a left humerus fracture, along with nerve and ligament damage. The suit contended the site lacked safe, clearly marked alternate routes for people using wheelchairs and failed to deploy adequate barriers or spotters when directing a pedestrian through active work.
Project records and crew statements are central to what happened in the minutes before the fall. The family’s lawyers said they obtained bid documents, traffic-control plans and daily logs to compare required protections with what was actually in place. The complaint cites alleged failures to close gaps, cover openings and post conspicuous detour signs at curb ramps. Officials did not publicly release the settlement amount. The state and contractors did not admit liability in the agreement, according to people briefed on the case. The defendants argued in filings that crews followed approved plans and that the incident involved unforeseeable circumstances.
Sweet Home sits in Linn County east of Interstate 5, where road and utility work frequently narrows lanes and blocks sidewalks on older corridors. Advocates say temporary traffic-control plans often assume pedestrians can step into the street to bypass barriers, which is not feasible for wheelchair users. Federal rules under the Manual on Uniform Traffic Control Devices require accessible paths or safe detours when sidewalks are closed. Recent enforcement pushes by transportation agencies have stressed physical separation from moving traffic and rigid covers over excavations when the public is routed nearby. The Wescott case became a touchpoint for these standards in smaller towns where crews may work close to driveways and curb cuts.
Lawyers said the settlement followed exchanges of site photographs, witness interviews and expert reports in human factors and work-zone safety. Depositions focused on what directions workers gave Wescott, whether a designated alternate route existed, and who was responsible for closing or guarding the trench opening that day. Medical experts detailed the cascade of injuries and how an open ankle fracture increases the risk of infection and systemic complications in older patients. With the agreement now in place, parties moved to dismiss remaining claims, and probate proceedings will handle distribution of proceeds to Wescott’s heirs.
Neighbors recalled seeing construction signs and cones along the block but said the sidewalk detours varied day to day. One resident said she remembered crews guiding people around equipment. Another neighbor, who asked not to be named, said he later learned the injured man was the same veteran he often saw rolling to the store. “Everybody knew Carl,” the neighbor said. “He was tough and independent.” Family members did not speak at length about the settlement but said they hope the case prompts clearer protections when sidewalks are torn up.
As of Tuesday, state transportation officials had not announced any specific policy changes tied to the case. Attorneys said the civil matter is closed subject to court paperwork finalizing the settlement. A final dismissal is expected after the agreement is processed through probate and the court clerk enters the order.
Author note: Last updated December 30, 2025.