ELEVENTH CIRCUIT UPHOLDS OSHA VIOLATIONS WHERE FALLING CLAY CRUSHED EMPLOYEE IN BORROW PIT
Posted on Jun 12, 2014 in Construction, OSHA | Comments Off on ELEVENTH CIRCUIT UPHOLDS OSHA VIOLATIONS WHERE FALLING CLAY CRUSHED EMPLOYEE IN BORROW PIT
The Eleventh Circuit denied a company’s petition for review of an OSHA general duty clause citation issued after falling clay crushed an employee working in a “borrow pit.” When OSHA issues a general duty clause citation, OSHA must establish four elements: 1) that a condition or activity in the employer’s workplace presented a hazard to employees; 2) that the cited employer or the...
Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
Posted on Jun 10, 2014 in Litigation, Transportation | Comments Off on Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August and October 2011, but the employee insisted on additional investigation. OSHA eventually dismissed...
Texas Appellate Court Affirms Verdict for Injured Worker at Meat-Packing Plant
Posted on Jun 9, 2014 in Construction, Investigations, Product Liability | Comments Off on Texas Appellate Court Affirms Verdict for Injured Worker at Meat-Packing Plant
On appeal of a jury verdict in favor of an injured worker at a food manufacturing plant, the Court of Appeals of Texas affirmed the verdict. The worker’s arm was crushed after becoming stuck in a conveyor belt he attempted to clean when the belt accidentally engaged. The worker accused the owner of the meat-packing plant of negligence in failing to have a delayed start signal before...
Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
Posted on Jun 9, 2014 in Construction | Comments Off on Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
The Indiana Court of Appeals affirmed a trial court’s grant of summary judgment to a general construction manager of a project after concluding the construction manager owed no duty of care to a subcontractor’s pipefitter. The worker was injured when he fell through a sheet of composite wood referred to as an “OSB board” that had been laid across a void on a temporary walkway. The...
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