California Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
Posted on Jun 30, 2014
On January 9, 2012, a correctional sergeant injured his knee while at home performing jumping jacks as part of his normal warm-up routine prior to more strenuous exercise. The correctional sergeant reported his injury as work related because it took place while exercising to maintain the physical condition required by his employer, a California county sheriff’s department. A departmental order required him and all correctional officers to maintain themselves in good physical condition to handle the strenuous physical contacts often encountered. However, despite the requirement to maintain...
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Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
Posted on Jun 27, 2014
A man working as a car hauler was injured when he slipped and fell from the second tier of an auto hauling rig. The rig had a “Canadian guardrail” installed, but had not been fitted with other safety features including grab bars, guard rails, or cat walks. These features were installed on many older rigs through a retrofitting program as well as included on all newly-manufactured rigs. The car hauler sued the rig’s manufacturer for strict product liability, negligence, and willful and wanton conduct. The manufacturer moved for summary judgment on all claims and sought judgment as a...
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Eleventh Circuit Affirms Dismissal Of Claims Alleging Violation Of Constitutional Rights Related To Bench Trial Of Workers’ Compensation Case
Posted on Jun 26, 2014
A pro se plaintiff brought suit in the U.S. District Court for the Southern District of Alabama against her former attorney and doctor for alleged violations of her constitutional rights, claiming that her attorney violated her Sixth, Eighth, and Fourteenth Amendment rights by preventing her from receiving a jury trial and failing to adequately represent her interests in a workers’ compensation case. She further asserted her doctor violated her Eighth and Fourteenth Amendment rights based on an alleged deliberate indifference to serious medical needs and his determination that her injuries...
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Fourth Circuit Lacks Jurisdiction To Review District Court’s Remand Order In FELA Case In Spite Of LHWCA Defense
Posted on Jun 25, 2014
A railroad employee working as a control operator and brakeman at a terminal created to load coal from rail cars onto ocean-bound vessels was injured and awarded benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) after tripping on coal dust and debris that had been allowed to accumulate by the railroad tracks. The employee later filed a negligence claim against the railroad in state court under the Federal Employers’ Liability Act (“FELA”), which provides railway employees the right to recover for injury caused by the negligence of a railroad’s officers, agents, or...
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Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
Posted on Jun 25, 2014
On a camping trip in 2010, a father was killed and his son seriously injured after the “bulk mount” propane radiant heater they were using released a deadly amount of carbon monoxide. The heater was a large commercial heater, designed to operate off of a 20-pound or larger propane tank, and intended only for outdoor use. In 2012, the son and his mother filed suit against the heater manufacturer in what ultimately became a manufacturing defect case, and in 2014, the court instructed plaintiffs to identify any prior incidents they intended to introduce into evidence. Plaintiffs identified...
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NEW JERSEY FEDERAL COURT GRANTS JUDGMENT ON THE PLEADINGS ON RAIL YARD EMPLOYEE’S NEGLIGENCE CLAIM, ALLOWS FELA CLAIM TO PROCEED
Posted on Jun 24, 2014
An employee of a company that provides intermodal services at rail yards was severely injured while unlocking boxcars and subsequently filed suit against his employer and others seeking damages under the Federal Employment Liability Act (“FELA”) and for common law negligence. His employer moved for judgment on the pleadings arguing that (1) it is not subject to the FELA and therefore cannot be held liable under the statute, and (2) plaintiff had already received benefits under New Jersey’s exclusive compensation scheme and was prevented from receiving further payouts. Last week, the United...
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California Federal Court Allows Plaintiffs To Reassert Products Liability Claims Despite Conflicting Admission
Posted on Jun 20, 2014
In 2011, a U.S. marine died from injuries sustained in a helicopter accident allegedly caused by faulty wiring to the landing gear. The marine’s family brought various claims against numerous defendants, including a company responsible for maintaining the helicopter. The complaint included ordinary negligence claims as well as product liability claims based on manufacturing and design defects. The plaintiffs’ only product liability allegation against the maintenance company, however, consisted of an inclusive allegation that all defendants “did design, manufacture, assemble, install,...
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