Engineering Experts Allowed To Testify In Alleged Injury-Causing Cell Phone Case
Posted on Nov 19, 2014 in Investigations, Product Liability | Comments Off on Engineering Experts Allowed To Testify In Alleged Injury-Causing Cell Phone Case
The manufacturer and seller of a cellular phone was sued by a plaintiff who alleged that she sustained a burn on her left breast, which developed into complex regional pain syndrome during an overnight bus trip from North Carolina to New York. The U.S. District Court for the Southern District of New York sorted through the plaintiff’s challenges to the defendant’s...
BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks
Posted on Nov 18, 2014 in Energy/Environmental, Investigations, OSHA, Process Safety, Workplace Safety | Comments Off on BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks
The Bureau of Safety and Environmental Enforcement (BSEE) issued its results of a panel investigation into an October 2013 fatality off the Louisiana coast last week. The incident involved the death of a welder who fell into the Gulf when a 130-ton dry oil storage tank skid assembly became detached from a platform unexpectedly. The worker was employed by an oilfield services...
Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
Posted on Nov 11, 2014 in Construction, Investigations, Product Liability | Comments Off on Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
In April 2006, the braking system on a crane being used to hoist a ladle of molten iron at a steel mill in Indiana failed, which caused molten iron to spill and ignite an extensive fire. The mill owner sued the supplier of the braking system’s parts that fractured for breach of contract and breach of implied warranties. Notably, the parts supplier was not the parts...
Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
Posted on Nov 2, 2014 in Investigations, Transportation | Comments Off on Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
In Oklahoma litigation arising from a fatality caused by a train striking a car as it passed through a railroad crossing, a key issue dictating the requisite duty of care became whether the crossing was whether the crossing was public or private. The parties disputed the admissibility of Federal Railroad Administration Crossing Inventories related to the particular crossing. The...
Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
Posted on Oct 29, 2014 in Investigations, Litigation, Transportation, Workplace Safety | Comments Off on Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
In December 2009, a railroad brakeman with a long history of good work performance committed a serious safety violation for which he accepted responsibility and agreed to disciplinary measures including a year of probation. In September 2010, the railroad dismissed the brakeman following an investigation into a separate serious safety violation committed in June 2010. In March 2011,...
Wisconsin Federal Court Allows Plaintiff’s Expert To Testify In Portable Heater Explosion Case
Posted on Oct 24, 2014 in Investigations, Product Liability | Comments Off on Wisconsin Federal Court Allows Plaintiff’s Expert To Testify In Portable Heater Explosion Case
Following injuries caused by an exploding tire on a portable heater, a worker brought suit against the company that supplied the portable heater to his employer. The defendant moved to exclude the plaintiff’s sole liability expert, who opined that the catastrophic nature of the failure mode could have been prevented by using larger nuts and bolts, larger washers or rectangular ones,...
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>>