California Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
Posted on Jun 30, 2014 in Litigation | Comments Off on California Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
On January 9, 2012, a correctional sergeant injured his knee while at home performing jumping jacks as part of his normal warm-up routine prior to more strenuous exercise. The correctional sergeant reported his injury as work related because it took place while exercising to maintain the physical condition required by his employer, a California county sheriff’s department. A...
Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
Posted on Jun 27, 2014 in Construction, Product Liability, Transportation | Comments Off on Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
A man working as a car hauler was injured when he slipped and fell from the second tier of an auto hauling rig. The rig had a “Canadian guardrail” installed, but had not been fitted with other safety features including grab bars, guard rails, or cat walks. These features were installed on many older rigs through a retrofitting program as well as included on all newly-manufactured...
Eleventh Circuit Affirms Dismissal Of Claims Alleging Violation Of Constitutional Rights Related To Bench Trial Of Workers’ Compensation Case
Posted on Jun 26, 2014 in Litigation | Comments Off on Eleventh Circuit Affirms Dismissal Of Claims Alleging Violation Of Constitutional Rights Related To Bench Trial Of Workers’ Compensation Case
A pro se plaintiff brought suit in the U.S. District Court for the Southern District of Alabama against her former attorney and doctor for alleged violations of her constitutional rights, claiming that her attorney violated her Sixth, Eighth, and Fourteenth Amendment rights by preventing her from receiving a jury trial and failing to adequately represent her interests in a workers’...
Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
Posted on Jun 25, 2014 in Litigation, Transportation | Comments Off on Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
A railroad employee working as a control operator and brakeman at a terminal created to load coal from rail cars onto ocean-bound vessels was injured and awarded benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) after tripping on coal dust and debris that had been allowed to accumulate by the railroad tracks. The employee later filed a negligence claim...
Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
Posted on Jun 25, 2014 in Investigations, Product Liability | Comments Off on Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
On a camping trip in 2010, a father was killed and his son seriously injured after the “bulk mount” propane radiant heater they were using released a deadly amount of carbon monoxide. The heater was a large commercial heater, designed to operate off of a 20-pound or larger propane tank, and intended only for outdoor use. In 2012, the son and his mother filed suit against the heater...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>