Nebraska High Court Orders Trial Against General Contractor Over Death Of Subcontractor’s Employee
Posted on Sep 25, 2014 in Uncategorized | Comments Off on Nebraska High Court Orders Trial Against General Contractor Over Death Of Subcontractor’s Employee
To help build a new store for a nationwide retailer in Omaha, the site’s general contractor hired a subcontractor to install steelwork to support the building’s roof. One of the subcontractor’s employees, while not wearing required personal protective equipment (PPE), fell 25 feet after a decking sheet gave way and was killed. The decking sheet originally had been secured by two...
Eleventh Circuit Upholds Judgment For Car Manufacturer In Case Involving Fuel Shut-Off Switch
Posted on Sep 24, 2014 in Construction, Investigations, Product Liability, Transportation | Comments Off on Eleventh Circuit Upholds Judgment For Car Manufacturer In Case Involving Fuel Shut-Off Switch
The Eleventh Circuit affirmed a district court’s exclusion of expert witness testimony and a grant of summary judgment for a defendant car manufacturer in a wrongful death action brought by the plaintiff’s estate. The estate alleged that the car manufacturer’s failure to equip the vehicle with a fuel shut-off switch led to the plaintiff’s fatal brain injury after her car collided with...
County Workers Repaired Injury-Causing Tool Immediately After Incident But Not Enough For Summary Judgment For Spoliation
Posted on Sep 24, 2014 in Construction, Investigations, Product Liability | Comments Off on County Workers Repaired Injury-Causing Tool Immediately After Incident But Not Enough For Summary Judgment For Spoliation
In 2011, a utility worker working for the local county Public Works Department was injured when falling while climbing onto a “drum roller” asphalt compactor after a handle on the drum roller broke. That same day, after workers took photographs of the broken handle, another county worker re-welded the handle onto the drum roller, thereby destroying relevant evidence regarding how the...
GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Posted on Sep 23, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Yesterday, the Government Accountability Office (GAO) released a report on its review of U.S. oil and gas transportation infrastructure issues. Specifically, the report examines the overall challenges that increased domestic oil and gas production may pose for transportation infrastructure, as well as specific pipeline and rail safety risks and the steps the U.S. Department of...
Admitting Lock-Out, Tag-Out Procedure Would Have Prevented Incident Dooms Failure To Warn Claims
Posted on Sep 22, 2014 in Construction, OSHA, Product Liability | Comments Off on Admitting Lock-Out, Tag-Out Procedure Would Have Prevented Incident Dooms Failure To Warn Claims
Under Delaware law, a manufacturer or distributor’s duty to warn “extends only to those who can reasonably be assumed are ignorant of the danger.” Following a maintenance mechanic’s injury at a Delaware plastics manufacturing facility sustained when a pump exploded while he was attempting to change out an embossing roll on a pump assembly, the mechanic alleged a failure to warn claim...
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>>