Kalispell father files lawsuit over death in North Dakota

The father of a Kalispell man who was crushed to death in a North Dakota oilfield accident in January 2013 has filed a lawsuit against the owners of the drilling rig and the well site.

In his lawsuit, Randy Winter alleges the companies failed to provide for the safety of subcontractors, leading to the death of his son, Kyle, 22.

Randy Winter sued Pioneer Drilling Services Ltd. of San Antonio, Texas, and Whiting Petroleum Corp. of Denver.

The complaint, filed Monday in U.S. District Court in Great Falls, alleges Pioneer Drilling did not allow Heller Casing employees to use the appropriate equipment to suspend a large wrench called “power tongs” above a well that was being cased with steel pipe near Watford City, N.D.

The 1,200-pound power tongs fell on Kyle Winter, killing him.

The lawsuit says the cables holding up the power tong were attached through three open hooks reinforced only with electrical tape in minus-20-degree temperatures.

A Pioneer Drilling worker lifting a top drive to grab another section of steel casing accidentally hooked a cable on the power tongs, lifting them up, the lawsuit said. Attorney Justin Stalpes wrote that Kyle Winter moved out of the safe zone to warn the driller running the top drive. By then, the driller had raised the power tongs high enough that the cable detached from the tongs, causing them to fall and land on Winter.

The Williston Herald reported that Winter was first transported to the McKenzie County Hospital before going into cardiac arrest while being airlifted to the Bismark Trauma Center. The flight turned around and Winter was pronounced dead at the county hospital.

The lawsuit alleges Pioneer had a better set of power tongs at the well site but would not allow Heller Casing to use them. Winter worked for Heller Casing.

The lawsuit seeks compensatory and punitive damages and court costs.

The Occupational Safety and Health Administration investigated the death, cited Heller Casing with two safety violations in June 2013 and proposed $14,000 in fines.

Heller Casing is not listed as a defendant in the lawsuit because under North Dakota state law, an employer carrying workers’ compensation insurance cannot be sued for negligence, Stalpes said.