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California Public Utilities Commission Imposes Record $1.4 Billion Penalty Against Utility Following September 2010 Pipeline Explosion

Yesterday, the California Public Utilities Commission (CPUC) issued four decisions by two Administrative Law Judges in connection with CPUC investigations of a utility’s gas transmission operations and practices, including pipeline recordkeeping, pipeline classification, and the September 2010 pipeline explosion that killed 8 people, injured 58 others, and damaged or destroyed more...

Pennsylvania Court Reverses $2.5 Million Jury Verdict Against Utility For Painter’s Injuries From Fall

Last week, the Superior Court of Pennsylvania reversed a jury verdict against a utility of nearly $2.5 million for injuries a painting contractor’s employee sustained when he fell 40 feet while painting an electric transmission pole.  The painting contractor had provided the worker with a pole belt, a body harness, and two lanyards, but the worker was using only the pole belt and one...

“Weak Safety Culture” And Ineffective Safety Management System Cited In Canadian Train Derailment Investigation Report

Yesterday, the Transportation Safety Board of Canada (TSB) released its investigation report of the July 2013 derailment of a train carrying Bakken crude oil that exploded and killed 47 people in Lac-Mégantic, Quebec.  The TSB report finds that 18 factors played a role in the accident, including that the rail company had a “weak safety culture” that contributed to the continuation of...

Case Against Combine Manufacturer Withstands Summary Judgment; Plaintiff’s Inability to Recall Events Not Enough To Exclude Evidence

Plaintiff was seriously injured when he came into contact with a sheave near a combine’s gear shift lever while helping his grandfather operate a combine used to harvest soybeans.  While the plaintiff could not recall the events of the day he was injured, and while his grandfather did not see the injury occur, the grandfather was allowed to testify that the plaintiff was moving in the...

Retailer Agrees To Plead No Contest To Criminal Charge For Workplace Safety Violations; Fined $950,000

A California criminal case against a retailer for willful violation of occupational safety and health standards was settled last week when the company agreed to pay a $950,000 fine and undergo an independent safety audit of its stores and distribution facilities.  As part of the Plea and Settlement Agreement entered with the District Attorney of Los Angeles County’s Office, the company...

Expert Opinion Evidence Necessary To Prove General Causation In Benzene-Exposure Case Involving Gas Station Worker

In a products liability action against oil and gas companies in which the surviving spouse of a gas station worker claimed that the decedent’s exposure to benzene-containing gasoline caused his acute myeloid leukemia (“AML”), the U.S. District Court for the Eastern District of Louisiana denied the plaintiff’s partial summary judgment motions on a number of issues last week.  The...

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