The family of a Salisbury, Maryland, man crushed by a van in a Sussex County junk yard in 2017 is suing the business owners for up to $20 million.

The lawsuit seeks to hold Donovan’s Salvage Works north of Georgetown responsible for the death of 41-year-old Wildaire Jean in early August 2017.

Jean was retrieving a part from a van at the junkyard on Donovans Road east of U.S. 113, when the jack he was using dislodged, according to the lawsuit and police reports at the time. The van fell on Jean, crushing him, the lawsuit said.

A Delaware State Police press release issued after the incident said a spare tire was placed underneath the vehicle “as a buffer” and the vehicle was on dirt and gravel when it became dislodged.

A forklift was used to move the vehicle. Police said at the time that it was unclear how long he had been trapped.

The lawsuit, filed by his wife, Demarcia Jean-Pierre, and their three children in Sussex County Superior Court earlier this month, argues that Donovan’s Salvage Works, as well as Nelson W. Donovan and Michael Herbert, are liable for Jean’s death. The case includes gross negligence and wrongful death claims.

The lawsuit said the conditions at the yard “were inappropriate to retrieve the items” because of weather conditions, that Jean was given an inappropriate jack for the vehicle and that he was “not provided a safe place to perform repairs.”

It also states that Donovan’s staff gave Jean a tire as a buffer in case the vehicle fell, which “provided no support.” When the jack became dislodged, both items went flying, although the tire was never recovered, according to the court filing.

“It is clear that any chance Wildaire had to survive was lost by Donovan’s failure to adequately detect and respond to emergency situations,” the lawsuit states.

The damages claimed in the suit, which include loss of future earnings, damages to the family and funeral expenses, ask the jury to decide how much to award Jean’s family, with a cap of $20 million “in light of the recent trend of juries to award high compensatory damages in cases of this nature.”

STORY CONTINUES BELOW DOCUMENT

A similar case

Jean is not the only person to suffer fatal injuries at Donovan’s recently.

On July 14, 2018, 70-year-old John Campbell Sr. was reported missing after he had gone to the Georgetown-area business near his home, according to a police report.

After emergency responders unsuccessfully searched the 70-acre property, Campbell’s family found him the next morning at the salvage yard, the News Journal reported at the time.

Campbell later suffered brain bleeding and died at Christiana Hospital, his family said.

Contact reporter Maddy Lauria at (302) 345-0608, mlauria@delawareonline.com or on Twitter @MaddyinMilford.

DELAWARE'S TOP NEWS

Two injured in drive-by shooting near Bridgeville

Brandywine Hundred couple land on HGTV's "House Hunters" Monday night

4 years after guilty plea, former Wilmington Trust chief sentenced