A piece of heavy equipment used by Burroughs & Chapin was not properly equipped with headlights and was operated before sunrise when it collided with a moped, killing a Myrtle Beach city employee.
That is the crux of a lawsuit filed this week by the family of Timothy Taylor, who worked for the city’s Solid Waste Division.
In September, Taylor died in a wreck on his way to work around 6:30 a.m. Taylor was driving a moped.
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The lawsuit names property developer Burroughs & Chapin and Michael Lee Whisenhunt as the defendants. Burroughs & Chapin officials declined to comment on legal matters.
Whisenhunt drove heavy construction equipment that had a vehicle-wide shovel on the front, the lawsuit states. The machinery was under the supervision of Burroughs & Chapin.
The equipment did not have headlamps that were between two feet and four-and-one-half feet above the ground as is required by state law, the filing states. The machinery also was be moved before dawn — again, banned by law — the suit contends.
Whisenhunt drove the vehicle on Mr. Joe White Avenue and collided with Taylor. The suit also says Whisenhunt drove at an unsafe speed, but doesn’t specify the miles per hour.
The suit alleges wrongful death, among other claims, and asks for an unspecified amount of damages.