A workplace tragedy near Volga has led to a second lawsuit in federal court. The family of one of two workers who died inside a silage silo in 2024 has filed a wrongful death claim against the company that hired them. Cases like this raise hard questions about safety, responsibility, and what surviving families are owed.
What Happened Near Volga
On September 7, 2024, two workers were repairing the damaged roof of an 80-foot Harvestore silage silo near Volga in Brookings County. Larry Dalzell, 51, of Murfreesboro, Tennessee, and Randi Vandekieft, 41, of Warner Robins, Georgia, both worked for Heartland Tank Inc. The silo was nearly full. The two became trapped inside and are believed to have been overcome by toxic gas. Both were pronounced dead at the scene, and federal workplace safety officials opened an investigation.
Vandekieft’s family has now filed suit against Heartland Tank in federal court in South Dakota, the second wrongful death case stemming from the same incident.
The filing was reported by The Dakota Scout.
Silo Gas Is a Known Hazard
Silos are confined spaces. As silage ferments, it can release nitrogen dioxide, sometimes called silo gas, which can disable a person within minutes through oxygen displacement or direct toxicity. Federal safety rules treat silos and similar structures as confined spaces that call for gas monitoring, ventilation, and a rescue plan before anyone enters.
The federal workplace safety agency documents these confined space hazards and the precautions that reduce them.
When a Workplace Death Becomes a Civil Claim
Who May Be Responsible
A wrongful death claim is a civil action brought by the family or the estate when a death results from another party’s negligent or wrongful conduct. In a workplace setting, the analysis can have several layers. Depending on the facts, responsibility may fall on an employer, a property owner, an equipment manufacturer, or a contractor who controlled the worksite. Workers’ compensation rules can also shape what claims are available and against whom.
South Dakota Law
In South Dakota, the right to bring this kind of case comes from state wrongful death law. When a case involves out-of-state parties or federal issues, it may be filed in federal court, as the Volga case was.
A wrongful death claim may seek to recover:
- Funeral and burial expenses
- Lost income and benefits the worker would have provided
- Loss of companionship, comfort, and guidance for the family
- Punitive damages, where the conduct was especially reckless
Steps for Grieving Families
Timing affects these cases. Physical evidence, including the equipment and the site itself, can change or disappear. Safety records, inspection reports, and findings from a federal investigation often matter a great deal, and an attorney can help request and preserve them. Early legal guidance also helps a family avoid statements that an insurer or opposing party might later use against them.
The team at Loos, Sabers & Smith, LLP handles personal injury and wrongful death matters for families across South Dakota.
If your family has lost someone in a workplace accident, speaking with a Sioux Falls, SD wrongful death lawyer early can protect your rights and your options. We can review what happened, explain the deadlines that apply, and help you decide what comes next.