Negligence Claims Based on Lack of Safety Gate in Freight Elevator Are Structural Defect Claims Barred by Wisconsin Ten-Year Statute of Repose
Posted on Jun 12, 2014
A worker’s foot was crushed while riding on a freight elevator without a safety gate in defendants’ storage building. The worker alleged negligence and violations of Wisconsin’s “safe-place” statute. The defendant moved for summary judgment under a related “statute of repose,” which generally provides a ten-year statute of limitations from the time an improvement is constructed for plaintiffs to bring claims for structural defects. Focusing on the difference between “structural defect” claims (such as design and planning claims) and “maintenance” claims (including negligence in...
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ELEVENTH CIRCUIT UPHOLDS OSHA VIOLATIONS WHERE FALLING CLAY CRUSHED EMPLOYEE IN BORROW PIT
Posted on Jun 12, 2014
The Eleventh Circuit denied a company’s petition for review of an OSHA general duty clause citation issued after falling clay crushed an employee working in a “borrow pit.” When OSHA issues a general duty clause citation, OSHA must establish four elements: 1) that a condition or activity in the employer’s workplace presented a hazard to employees; 2) that the cited employer or the employer’s industry recognized the hazard; 3) that the hazard was causing or likely to cause death or serious physical harm; and 4) that feasible means existed to eliminate or materially reduce the hazard. On...
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Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
Posted on Jun 10, 2014
In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August and October 2011, but the employee insisted on additional investigation. OSHA eventually dismissed the claim on substantive grounds on June 21, 2012, the employee filed objections, and the case was referred to an ALJ. The employee agreed to a scheduling order that culminated in a January 9, 2013 hearing....
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Texas Appellate Court Affirms Verdict for Injured Worker at Meat-Packing Plant
Posted on Jun 9, 2014
On appeal of a jury verdict in favor of an injured worker at a food manufacturing plant, the Court of Appeals of Texas affirmed the verdict. The worker’s arm was crushed after becoming stuck in a conveyor belt he attempted to clean when the belt accidentally engaged. The worker accused the owner of the meat-packing plant of negligence in failing to have a delayed start signal before the belt energized and for failure to properly train him on lock-out procedures. A Texas jury returned a verdict in favor of the worker and the defendant appealed. The appeal centered on the alleged improper...
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Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water coming from the engine from what appeared to be a break in a radiator hose, and the worker cut off a ten-foot section of the hose, rerouted it through the engine compartment, and reattached it. The U.S....
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Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
Posted on Jun 9, 2014
The Indiana Court of Appeals affirmed a trial court’s grant of summary judgment to a general construction manager of a project after concluding the construction manager owed no duty of care to a subcontractor’s pipefitter. The worker was injured when he fell through a sheet of composite wood referred to as an “OSB board” that had been laid across a void on a temporary walkway. The court determined that the construction manager could owe a duty of care to the worker only if one was imposed by a contractual obligation or if the construction manager assumed such a duty, either gratuitously or...
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Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
Posted on Jun 9, 2014
The U.S. District Court for the Northern District of Alabama denied a Canadian car manufacturer’s motion to dismiss for lack of personal jurisdiction in a case brought by the estate of a woman killed in a car crash alleging liability under the Alabama Extended Manufacturer’s Liability Doctrine, negligence, and breach of warranties. The defendant is headquartered in Canada and has no contact with the State of Alabama other than its cars that are sold there through defendant’s American parent company. In considering the motion to dismiss for lack of personal jurisdiction, the court explained...
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