Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
Posted on Jul 27, 2014 in Construction, Litigation, Product Liability | Comments Off on Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
While working on a pipeline, a worker was allegedly sprayed with dangerous chemicals that caused significant injuries. He brought suit against a number of companies alleging damages from the exposure, the unsuccessful attempts to shower off the chemicals and decontaminate him, and inappropriate medical treatment. Among the motions to dismiss filed, the U.S. District Court for the...
Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
Posted on Jul 12, 2014 in Construction, OSHA | Comments Off on Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
The reconductoring process involves stringing new power lines alongside existing energized lines to avoid a power disruption. During this process at a site in Meade County, Kentucky in 2009, while a worker was turning the winch on a tensioner mounted in a truck to increase the tension in a power line, the worker, who was not wearing any insulating personal protective equipment (PPE),...
Case Involving Miner’s Benefits Claim Not Precluded By Issues Decided In Widow’s Claim For Survivor’s Benefits
Posted on Jul 10, 2014 in Construction | Comments Off on Case Involving Miner’s Benefits Claim Not Precluded By Issues Decided In Widow’s Claim For Survivor’s Benefits
Last week, the Fourth Circuit denied a coal company’s petition for review of a Benefits Review Board decision that affirmed a grant of living miner benefits to a former employee under the Black Lung Benefits Act. The company argued that the award should be vacated because the case was precluded by a previously adjudicated claim for survivor’s benefits by the miner’s widow, which was...
Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
Posted on Jul 10, 2014 in Construction, Investigations, Product Liability | Comments Off on Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly injured after his inflated air mattress unexpectedly popped and collapsed. The defendants...
Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
Posted on Jul 9, 2014 in Construction, Energy/Environmental, Litigation, Transportation | Comments Off on Indiana Federal Court Holds Insurer Does Not Have Duty To Indemnify Manufacturer’s Contamination Damages
An insurance dispute developed arising from alleged soil and groundwater contamination around an Indiana plant used to manufacture automotive component climate control system parts including radiators, condensers, hoses, compressors, accumulators, fuel injection components, and evaporators. The aluminum from which the parts were made had to be cleaned, so the site operated 13...
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...
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