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Sixth Circuit Affirms Summary Judgment for Manufacturer of Custom Overhead-Gantry Milling Machine

The Sixth Circuit affirmed summary judgment in favor of a manufacturer of a custom overhead-gantry milling machine that caused the death of a worker at a Michigan machining company.  The worker’s estate brought suit against the manufacturer alleging negligent design and failure to warn after the machine’s cutting tool killed the worker.  Prior to the lawsuit, the accident was...

Punitive Damage Claims Against Trucking Company for Negligent Hiring and Supervision Allowed To Proceed

A Pennsylvania federal court denied a Michigan trucking company’s motion for summary judgment on the plaintiff’s claims for punitive damages for negligently hiring and supervising a truck driver who allegedly caused a significant collision.  The court reasoned that a reasonable jury could find that the trucking company was “reckless” for purposes of an award of punitive damages under...

Louisiana Appellate Court Affirms $4 Million-Plus Jury Verdict Against Energy Company Arising from Workplace Incident Following Hurricane Gustav

In the 2008 clean-up efforts from Hurricane Gustav in Louisiana, an electrical worker from an Oklahoma company that volunteered to help, suffered significant injuries while attempting to repair the damaged portion of a downed power line.  The local company supervising the operation appealed a multimillion dollar jury verdict in favor of the worker on multiple grounds. The Fourth...

Ohio District Judge Dismisses All Claims Except Negligence Claims in Alleged Widespread Toxic Waste Disposal Suit

The U.S. District Court for the Northern District of Ohio dismissed wrongful death, personal injury, and property damage claims brought by a group of 58 Sandusky County, Ohio residents against a manufacturing company related to its disposal of toxic waste.  The plaintiffs had alleged that the company used a type of paint in its manufacturing processes that when combusted, produced...

Having a Plan For Preservation of Evidence in Workplace Incidents Critical To Avoid Unnecessary Exposure

While constructing some scaffolding at a power plant, a piece of scaffolding fell, struck, and injured a contractor’s employee.  The supervisor on the job, also a contractor employee, took the piece of scaffolding to the power plant owner’s on-site safety director, who stored the piece of scaffolding in his office.  The following year, that safety director relocated to another plant,...

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