Partial Fall Through Interior Of Scaffold Not Enough For Liability Under New York Scaffold Law
Posted on Oct 7, 2014 in Construction | Comments Off on Partial Fall Through Interior Of Scaffold Not Enough For Liability Under New York Scaffold Law
While constructing railroad tunnel emergency ventilation facilities in Manhattan, a drill running foreman who worked for the project’s general contractor partially fell through a 14-inch by 16-inch hole while working on a scaffold. He brought suit against the project owner and the project owner’s safety monitor. The U.S. District Court for the Eastern District of New York granted...
Deliberate Intent Action For Miner’s Death Dismissed By West Virginia Federal Court
Posted on Oct 7, 2014 in Construction, Litigation | Comments Off on Deliberate Intent Action For Miner’s Death Dismissed By West Virginia Federal Court
In March 2009, a roof bolter for a West Virginia mining company was injured when a short shank metal wrench came out of a drill chuck and struck him in the head. After a CT scan that night showed no fracture, he returned to work the next day, but was found dead in his bed in December 2010. An autopsy revealed that he died of a seizure and that “in the setting of a traumatic seizure...
Welding Contractor’s Suit Against Construction Company For Negligently Building Platform Continues
Posted on Oct 6, 2014 in Construction, Litigation | Comments Off on Welding Contractor’s Suit Against Construction Company For Negligently Building Platform Continues
Following a welding contractor’s employee’s fall of more than twenty feet while working at a construction company’s site, the individual and the welding contractor (who was paying his workers’ compensation benefits) brought suit against the construction company alleging that it negligently constructed the platform from which the worker fell. Last week, the U.S. District Court for the...
Coal Operators Face Broader Reporting Requirements Under Pennsylvania Law According To State’s High Court
Posted on Oct 4, 2014 in Construction | Comments Off on Coal Operators Face Broader Reporting Requirements Under Pennsylvania Law According To State’s High Court
Several coal mining operators challenged the Pennsylvania Department of Environmental Protection’s (“DEP”) interpretation of the state’s Bituminous Coal Mine Safety Act (the “State Act”) with respect to “accident” reporting and with respect to requiring fire extinguishers on certain mining vehicles. Specifically, the State Act requires mine operators to notify the DEP of “accidents”...
Montana Judge Reduces Punitives In Automotive Case But Award Still Vulnerable On Appeal
Posted on Oct 2, 2014 in Product Liability, Transportation | Comments Off on Montana Judge Reduces Punitives In Automotive Case But Award Still Vulnerable On Appeal
In May, we posted that a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system. Last week, the presiding judge affirmed the jury’s award but reduced the punitive damage award to $72,960,012 given that just more than $8 million were...
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