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”...
New York Jury Levies $7 Million Award Against Power Company For Contractor’s Asbestos Exposure
Posted on Oct 1, 2014 in Construction, Product Liability | Comments Off on New York Jury Levies $7 Million Award Against Power Company For Contractor’s Asbestos Exposure
Following a two-week trial, a New York jury on Monday awarded a contractor for a power company $7 million for exposure to asbestos during the construction of a power station. The verdict was broken up for $3.5 million for past pain and suffering and $3.5 million for future pain and suffering. According to Law360, the defense argued that the power company did not exercise supervision...
California Unfair Competition Law Cannot Create Additional Liability For Workplace Safety Issues
Following a catastrophic workplace incident at a plastics manufacturing plant that resulted in the death of two workers, the California Division of Occupational Safety and Health issued a number of citations to the plant owner for alleged safety violations. The local district attorney, however, in addition to filing criminal charges against the plant’s manager and maintenance...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...
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...
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