Father dies after concrete slab falls on him; construction company now suing family

According to the state medical examiner's office, 48-year-old James Anderson died in May of 2024 after a manhole cover fell on top of him at a construction site in Jackson County. 

LEXINGTON, Ky. (ABC 36 NEWS NOW) — According to the state medical examiner’s office, 48-year-old James Anderson died in May of 2024 after a manhole cover fell on top of him at a construction site in Jackson County.

Court documents show the Rising Sun Developing, the company overseeing the project, is now filing a lawsuit against the Anderson family.

“You’d have to ask them why they sued the widow and her family,” the Anderson family’s attorney Robert Roark said.  “That was their call, we tried to work with them in good faith and held off going to court.”

According to court documents, Rising Sun Developing is filing a Declaratory Judgement Act.

“They’re seeking a declaration from the court in Fayette County that they cannot be held legally responsible for what happened to James,” Roark said.

Roark says it’s going to be a long road ahead with many days in court trying to get justice for the Anderson family.

Roark says that along with the surveillance video, he plans to play an audio recording they received from Kentucky State Police.

On that recording, Roark says the jury will be able to hear from the site’s supervisor and what he told police happened versus what Roark says the video shows.

“That’s where accountability starts, and they’re going to be held accountable,” Roark said.

ABC 36 reached out to Rising Sun Developing via email twice, and left a voice mail message for a comment but has not heard back.