Mining Company Likely Precluded from Litigating Gas Pipeline’s Negligence Claims Against It After Not Contesting Administrative Agency’s Allegations
Posted on Jun 17, 2014 in Construction, Energy/Environmental | Comments Off on Mining Company Likely Precluded from Litigating Gas Pipeline’s Negligence Claims Against It After Not Contesting Administrative Agency’s Allegations
Following damage to a gas pipeline in Floyd County, Kentucky, the owner of the pipeline brought suit against a mining company alleging that its mining and reclamation activity caused the landslide that damaged the pipeline. While the case was ongoing in the U.S. District Court for the Eastern District of Kentucky, the Kentucky Division of Mine Reclamation and Enforcement issued the...
Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
Posted on Jun 15, 2014 in Construction, Product Liability | Comments Off on Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
In Texas, the resale of a used good does not automatically terminate any remaining implied warranty obligations, according to the Supreme Court of Texas in a recent decision involving an engine manufacturer. The court reiterated that if a manufacturer disclaims implied warranties, which Texas law permits, such express language necessarily would apply to subsequent purchasers beyond...
Kentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death
Posted on Jun 14, 2014 in Construction, Investigations, Product Liability | Comments Off on Kentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death
Following an explosion of an asphalt kettle that severely injured an employee of a roofing contractor working on a public school project, the worker subsequently died from a pain medication overdose and his estate brought suit against the asphalt kettle manufacturer alleging design defect, failure to warn, and breach of warranty claims. An asphalt kettle is used in the asphalt roofing...
Negligence Claims Based on Lack of Safety Gate in Freight Elevator Are Structural Defect Claims Barred by Wisconsin Ten-Year Statute of Repose
Posted on Jun 12, 2014 in Construction | Comments Off on Negligence Claims Based on Lack of Safety Gate in Freight Elevator Are Structural Defect Claims Barred by Wisconsin Ten-Year Statute of Repose
A worker’s foot was crushed while riding on a freight elevator without a safety gate in defendants’ storage building. The worker alleged negligence and violations of Wisconsin’s “safe-place” statute. The defendant moved for summary judgment under a related “statute of repose,” which generally provides a ten-year statute of limitations from the time an improvement is constructed for...
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 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...
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