An experienced skilled tradesman was working a major construction project. The skilled tradesman was responsible for concrete form setting on a new construction project. While walking to his job post at the start of the day he was severely injured when a fork lift operator struck him from behind. My review of pleadings, depositions and exhibits produced in discovery (based in part from questions I recommended at the beginning of the case) showed the fork lift operator and his employer failed to follow the OSHA required safety rules for fork lift operation. One of the defenses raised by the fork lift operator was the lack of “sun light”. My research in the U.S. Naval Observatory showed there was in fact sufficient “sun light” at the time and location of the incident for the fork lift operator to have clearly seen the injured employee.
An employee of a petroleum tank service contractor was assigned a pump out and service of a petroleum storage tank. He was told the facility was prepped for his work, meaning the electrical power was off at the site. However, the electrical power to the storage tank facility had in fact not been turned off resulting in a storage tank heating element remaining on. As the plaintiff lowered the oil level in the tank, resulting in exposing a heating element which overheated and ignited the flammable petroleum fumes. The issue was whether well owner, the pumper/company man and other contractors were responsible for the site condition at time of explosion.