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...
GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Posted on Sep 23, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks
Yesterday, the Government Accountability Office (GAO) released a report on its review of U.S. oil and gas transportation infrastructure issues. Specifically, the report examines the overall challenges that increased domestic oil and gas production may pose for transportation infrastructure, as well as specific pipeline and rail safety risks and the steps the U.S. Department of...
Third Circuit Denies Plaintiff’s Request For New Trial In Pennsylvania Ladder Case
Posted on Sep 17, 2014 in Investigations | Comments Off on Third Circuit Denies Plaintiff’s Request For New Trial In Pennsylvania Ladder Case
The Third Circuit denied a plaintiff’s request for a new trial in a diversity products-liability action filed in federal court against a ladder manufacturer. In the underlying action, the plaintiff filed suit against the manufacturer after being injured when falling off one of the manufacturer’s ladders. The plaintiff argued he was entitled to a new trial because the district court...
Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
Posted on Sep 11, 2014 in Investigations, Litigation, OSHA, Transportation, Workplace Safety | Comments Off on Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
While working as a “train dispatcher,” the plaintiff was involved in an incident that almost resulted in the collision of two passenger trains. Several months later, the plaintiff filed a complaint with OSHA, the federal agency tasked with enforcing the whistleblower protections of the Federal Railroad Safety Act. His OSHA complaint alleged that the railroad instructed...
Defense Verdict For Contractor At Arkansas Chicken Plant Affirmed By Eighth Circuit
Posted on Sep 8, 2014 in Construction, Investigations, OSHA | Comments Off on Defense Verdict For Contractor At Arkansas Chicken Plant Affirmed By Eighth Circuit
While renovating an Arkansas chicken plant, the worker for a mechanical and plumbing contractor accidentally dropped a pipe saddle on the employee of a different contractor while performing overhead work on the plant’s thermal piping used to carry hot cooking oil to cooking equipment. Because the location of an oven prevented a scissor lift from being situated directly beneath the...
Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
Posted on Sep 5, 2014 in Construction, Investigations, Product Liability | Comments Off on Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
The U.S. District Court for the District of Massachusetts granted summary judgment to the manufacturer of a fire truck on claims that the truck was defective because it was not equipped with a net restraint that could have prevented the escape of a hose from the bed of the truck. The hose had come loose while the truck was moving and the hose’s nozzle struck and killed a pedestrian...
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