California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
Posted on May 30, 2014 in Litigation, Transportation | Comments Off on California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
The U.S. District Court for the Eastern District of California granted summary judgment to a Washington truck driver in a wrongful death action under the California Labor Code for allegedly causing an accident in California in which the individual in the passenger seat was killed. The court found that both the defendant driver and the deceased passenger were employees of the...
Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
Posted on May 30, 2014 in Construction, Investigations, Litigation, Product Liability | Comments Off on Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
The Fifth Circuit affirmed the dismissal of a Louisiana products liability case alleging that defects in a propane heater caused the death of the plaintiff’s husband. The plaintiff’s expert opined that a propane leak was the most probable cause of the damaging fire and explained that there were five potential areas for fault in the heater that could have caused such a leak. Despite...
Mine Safety & Health Review Commission Upholds Two Determinations That Lifeline Requirement Violations Were Significant and Substantial
Posted on May 29, 2014 in Construction | Comments Off on Mine Safety & Health Review Commission Upholds Two Determinations That Lifeline Requirement Violations Were Significant and Substantial
In two comparable cases, the Federal Mine Safety and Health Review Commission upheld ALJ determinations that lifeline requirement violations in secondary escapeways of the Federal Mine Safety and Health Act were significant and substantial. In the first case, an MSHA inspection revealed that a lifeline in a secondary escapeway was inaccessible for 110 feet because it was seven to...
ALJ Affirms OSHA Assessment for Willful Penalties Against Construction Company
Posted on May 28, 2014 in Construction, OSHA | Comments Off on ALJ Affirms OSHA Assessment for Willful Penalties Against Construction Company
An Occupational Safety and Health Review Commission ALJ affirmed assessed penalties for willful safety violations on a Florida construction company. An OSHA inspector cited the company when an inspection revealed that employees were not tied-off when working at heights of 19.5 feet. At a contested hearing, an ALJ found that the company had insufficient internal safety enforcement,...
State Likely Has Jurisdiction of Miner’s Cumulative Trauma Claims Even Though Miner Last Worked in Another State
Posted on May 28, 2014 in Construction, Litigation | Comments Off on State Likely Has Jurisdiction of Miner’s Cumulative Trauma Claims Even Though Miner Last Worked in Another State
In a coal miner injury case, a miner who had worked for a mining company in Kentucky from 1990 to 2009 was transferred to a mine owned by the same company in Virginia, where he worked for approximately six months before stopping work because of alleged cumulative trauma injuries. The worker filed for workers’ compensation benefits in Kentucky but the ALJ held that Kentucky did not...
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