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Evidence Of Prior Incidents/Injuries Not Impermissibly Admitted By California Trial Judge

The Court of Appeal of California (4th Division) affirmed a jury verdict in favor of two plaintiffs who, while not wearing any wetsuit bottoms or similar protective clothing, sustained permanent injuries when falling off the back of a three-passenger watercraft.  A jury returned a verdict against the watercraft manufacturer, the owner of the personal watercraft, and the operator of the...

Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture

The U.S. District Court for the Western District of Michigan granted summary judgment to the company that conducted inspections of an oil pipeline in 2005 that later ruptured in 2010 on claims brought by a property owner.  Specifically, the property owner alleged that the inspecting company was negligent in performing its 2005 inspection because the report it provided to the pipeline...

Missouri Appellate Court Agrees That Partners In Smelting Facility Placed Profits Over Safety

Following a 13-week trial in 2011, a Missouri jury awarded sixteen children alleged exposed to lead poisoning from contaminated air and soil a total of nearly $40 million in compensatory damages and $320 million in punitive damages that was allocated among three owners of a lead smelter from 1986 to 1994.  The children’s lawyers’ case was focused on the owners placing business profits...

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...

“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...

Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion

A federal grand jury returned a superseding indictment charging a utility with obstruction of the National Transportation Safety Board’s (“NTSB”) investigation of a pipeline explosion in September 2010 that killed 8 people, injured 58 others, and damaged or destroyed more than 100 homes.  The superseding indictment also alleges additional violations of the Natural Gas Pipeline Safety...

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