Family of DPW worker crushed to death by trash truck sues Baltimore, claims "willful disregard" for safety

A new wrongful death lawsuit from the family of Timothy Cartwell accuses Baltimore City's Department of Public Works (DPW) of ignoring safety concerns and improperly training its employees. 

WJZ Investigates was the first to report on the legal filing. 

Cartwell died one year ago this month after a trash truck crushed him while on the job. 

A spokesperson for DPW shared the following statement in response to the lawsuit: 

"The Baltimore City Department of Public Works (DPW) respects the family's right to pursue any legal action they believe is appropriate. While the City does not comment on pending legal matters, it is important to underscore the need for a safe and secure work environment. Over the past 18 months, the Department has made significant investments to better protect employees.

During this period, extensive reviews of safety practices have been paired with ongoing conversations with crews, city stakeholders, and union representatives. Their feedback has driven meaningful adjustments to policies and reinforced the Department's commitment to its workforce. The resilience of our Solid Waste crews, in particular, has played a central role in shaping this progress.

This work continues, guided by a renewed focus on safety, accountability, and support for the people who keep Baltimore running."

The allegations 

The civil lawsuit alleges the city knew the trucks were dangerous and should not have been using them in narrow alleyways. 

Cartwell's family accuses Baltimore City's Department of Public Works of being "grossly negligent and in wanton and willful disregard of the safety of… employees…"

Their lawyer expressed concerns after an investigation by Baltimore City State's Attorney Ivan Bates found a failure to properly train workers and detailed missteps in the investigation. 

"It's just bonkers. It's crazy. It's a situation that's designed for a gross accident like this to happen, and that's exactly what happened," Cartwell family attorney Wesley Payne said at the time. 

Surveillance video WJZ obtained shows the truck moving down the alley near Monroe and Baker Streets. 

Cartwell was crushed while walking alongside it. 

"While the truck was passing an adjacent alley, Decedent Cartwell, as he was trained to do by DPW and in conformity with DPW's practices and procedures, walked toward Pole No. 113142 to collect trash," the lawsuit states. 

The lawsuit says the operator was essentially driving "blind" because of a common practice of folding in the side mirrors so the truck could fit in the tight space. 

It criticizes a lack of cameras to monitor the sides of the vehicle 

"DPW was aware of the dangers posed by trucks to workers with mirrors turned into the cab during trash pickup…" and "could have equipped the truck with smaller mirrors to allow [them] to remain extended and allow the driver to see down the sides of the truck," the lawsuit states. 

There are only about 7 inches of clearance on either side with the truck centered in the alley.

"Having drivers going down narrow alleyways where they're turning their mirrors in and they can't use them, could you imagine driving down a street without using your mirror?" Payne asked.

His lawsuit says, "The DPW has draft operating procedures that indicate when a truck enters an alley or tight space, workers are to walk behind the truck within view of the side mirrors. However, the actual practice is for the driver to turn the mirrors into the cab and drive the truck blind down the alley without seeing the side view of the truck. Cartwell was never trained on the dangers of this practice, and DPW had not provided standard operating procedure training and certification."

Truck maker, local hospital sued

Cartwell's family is also suing the truck manufacturer, Kenworth, claiming the truck's "cab over" design made it harder for the driver to hear those around him and says the truck should have been equipped with different mirrors and cameras. 

"Warnings should have been affixed to the outside of the truck, warning pedestrians and workers of the lack of the driver's ability to hear someone on the side of the

truck," the lawsuit states.

In interviews with WJZ Investigates, Cartwell's family has expressed outrage over safety lapses and said his death could have been prevented. 

The lawsuit also names Mercy Medical Center, accusing Mercy of failures surrounding the drug and alcohol screening given to the truck's driver, including equipment the state's attorney's report described as "Inspector Gadget-like" and "from the 70s"

"In addition to the time lapse, the technician did not perform a confirmatory test but instead allowed [the driver] to leave the hospital after unsuccessfully attempting to contact his supervisor as required," the lawsuit states. "Further, there is no evidence that the machine used in this case, which the technician described as Inspector Gadget-like and from the "70s," fully complied with any known Maryland statutes or COMAR provisions."

Mercy declined comment on pending litigation.

The Cartwell family's complaint also faults a DPW supervisor for allegedly allowing the truck driver to leave the scene in a Lyft. "This was a significant error, and gross negligence, as law enforcement could have mandated… the driver provide a blood sample using a Maryland State Police blood kit if to determine if he was impaired."

Mayor Brandon Scott told WJZ last month that there have been reforms to training and safety. 

"We are committed to the occupational health and safety of all of our service workers, including those in DPW, especially those in DPW, who have the toughest job in the city and who have been through a lot," Scott said on October 1st. 

"I can say that the driver of the truck lied when initially asked about what happened. When his supervisor was notified about what actually happened, the driver was told to report for alcohol and drug screening. Obviously, I can't talk to you about the results of that, but he was ultimately fired and no longer works for the city of Baltimore," the mayor said last month. "We held him accountable from every way that the city of Baltimore is directly responsible for. Decisions about whether to prosecute or not are up to the state's attorney."

The lawsuit seeks damages in excess of $75,000 from Mercy, Kenworth, and the DPW.

WJZ Investigates reached out to Kenworth and Baltimore City for comment, but we have not received any statements on this wrongful death lawsuit. 

"The deliberate indifference to the danger posed to persons such as Cartwell in failing to enact adequate measures designed so as to prevent the drivers driving blind deprived Cartwell of his constitutional rights and directly and proximately led to his serious injuries, death, and damages," according to the family's lawsuit. 

The plaintiffs state, "The cost to change out the mirrors for smaller mirrors or install cameras or requiring the trash cans not to be placed in the alley but on the larger streets would be minimal at best or nothing at all and would allow the driver view down the side of the truck and would have prevented this foreseeable accident."