Contractor’s Employee Wins $21.7 Million Verdict From Power Company Following Workplace Injury
Posted on Oct 28, 2014
A construction company’s worker who was paralyzed from the neck down while working on scaffolding at a power company’s electrical substation received a $21.7 million verdict last week from a Maryland jury. The judge trimmed the original $36 million award to $21.7 million because non-economic damages under Maryland law are capped at $770,000. The central claim in the suit was for negligence on the grounds that the power company allegedly falsely informed the contractor’s worker that the power in which he would be working had been turned off. The power company was not cited for any...
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Illinois Appellate Court Allows Vicarious Liability Claim To Proceed Against Hotel Company In Plane Crash Case Even Though No Ownership Interest
Posted on Oct 28, 2014
A surviving spouse filed an action for wrongful death of a passenger involved in a small plane crash while en route from Kansas to Illinois. Among various other defendants, the plaintiff sued the estate of one of the other passengers, a co-owner of the plane who was also the founder and president of a hotel company. The plaintiff sued the co-owner for negligent entrustment and negligent supervision of the pilot. The co-owner allegedly was aware that the pilot may not have been qualified to fly the aircraft at issue and was allegedly observing and supervising the pilot, who was interested...
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D.C. Circuit Upholds Extension Of OSHA’s Hazard Communication Rule To Combustible Dust
Posted on Oct 27, 2014
On Friday, the U.S. Court of Appeals for the D.C. Circuit upheld an OSHA rule governing combustible dust hazards. Specifically, the rule covers the agency’s hazard communication standard, which requires companies to identify hazards associated with their products, appropriately label containers, and effectively train their employees about the hazards. In 2012, OSHA amended the hazard communication standard to include combustible dust. A group of businesses and associations that handle grain and other agricultural products challenged the rule’s expansion, but the D.C. Circuit denied the...
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Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
Posted on Oct 25, 2014
The owner of an offshore dive support vessel (the “Contractor”) and the operator of a pipeline recommissioning project (the “Operator”) disputed responsibility for injuries incurred by a worker employed by a services contractor hired to handle Hydrogen Sulfide issues. The Contractor and Operator had a Master Services Contract containing reciprocal defense and indemnity provisions. The Contractor would defend and indemnify the Operator for claims by the “Contractor Group” and the Operator would defend and indemnify the Contractor for claims by the “[Operator] Group,” with this distinction...
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Wisconsin Federal Court Allows Plaintiff’s Expert To Testify In Portable Heater Explosion Case
Posted on Oct 24, 2014
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, thicker metal in the tire rims, and pressure-relief valve stems. The U.S. District Court for the Eastern District of Wisconsin denied the defendant’s motion to exclude and a summary judgment motion premised on...
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California Appellate Court Affirms $24 Million Damage Award In Asbestos Case
Posted on Oct 24, 2014
Earlier this week, the Court of Appeal of California affirmed a Los Angeles jury’s award against an asbestos supplier for $6 million in compensatory damages and $18 million in punitive damages. The case concerned the fault for a builder’s mesothelioma and his wife’s loss of consortium. Originally, the jury awarded $30 million in compensatory damages but the trial judge reduced that award to $6 million. The jury found the asbestos supplier bore 65% of comparative fault for the compensatory damages. The Court of Appeal held that the evidence was sufficient to show that the builder had been...
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MSHA Proposes $1.1 Million Fine Following Deaths Of Colorado Silver Miners
Posted on Oct 22, 2014
Earlier this week, the Mine Safety and Health Administration (MSHA) levied a fine of $1,077,800 yesterday after an investigation into the deaths of two Colorado silver miners in November 2013. According to the MSHA release, after approximately 1,600 pounds of deteriorated explosives were detonated underground in an open air blast, the company that owned the mine failed to inform the new crew shift of the blasting activities. According to MSHA, several miners complained of “bad air” but the company allowed two other miners to go into the area the following day, where they were fatally...
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