North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer
Posted on Aug 20, 2014 in Construction, Product Liability | Comments Off on North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer
The U.S. District Court for the Middle District of North Carolina dismissed a pro se plaintiff’s action against a herbicide manufacturer, which alleged that the plaintiff was injured and his employer’s property was damaged when a pump sprayer filled with the herbicide ruptured. The complaint asserted claims for negligence, negligent misrepresentation, fraud, strict liability...
Contractor On Well Site To Remove Drilling Rig Held Business Invitee Of Well Site Lessee Following Injury
Posted on Aug 20, 2014 in Energy/Environmental | Comments Off on Contractor On Well Site To Remove Drilling Rig Held Business Invitee Of Well Site Lessee Following Injury
The U.S. District Court for the Middle District of Pennsylvania held that a well site lessee and its subsidiary can be held liable for negligence in connection with an independent contractor’s personal injury action. Specifically, the court found that the independent contractor, who was present at the well site at the time of his injuries, could be considered a business invitee for...
“Weak Safety Culture” And Ineffective Safety Management System Cited In Canadian Train Derailment Investigation Report
Posted on Aug 20, 2014 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on “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...
Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
Posted on Aug 19, 2014 in Litigation, Transportation | Comments Off on Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
In 2011, a railroad inspector was accused of trying to sabotage a train’s braking system. With a formal hearing scheduled a week later, the inspector reported to work, then returned to his car and shot and killed himself in the railroad employer’s parking lot. After pursuing administrative remedies, the inspector’s widow and estate brought suit alleging violations of the Federal...
Case Against Combine Manufacturer Withstands Summary Judgment; Plaintiff’s Inability to Recall Events Not Enough To Exclude Evidence
Posted on Aug 18, 2014 in Construction, Investigations, Product Liability | Comments Off on 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...
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