Case Descriptions

Case Descriptions2017-06-10T08:39:55+00:00

A bicycle rider was peddling down a side walk next to a road construction site.

A bicycle rider was peddling down a side walk next to a road construction site.  While riding his bicycle he struck a severe deformation in the sidewalk and sustained injury when he went over the handlebars onto the concrete sidewalk.  My review of the MUTCD rules showed general contractor need not only generate a traffic control plan for vehicular traffic but for that of pedestrian/bicyclists as well, inspect such travel paths and deploy appropriate warning signage.   The MUTCD required safety signage which was missing from the bicycle path.

An experienced skilled tradesman was working a major construction project.

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 experienced oil & gas field hand was part of a service contractor crew rehabbing an oil well pump.

An experienced oil & gas field hand was part of a service contractor crew rehabbing an oil well pump.  The field hand had 10 + years’ experience in the field doing this type of work as did his supervisor.  The supervisor asked the field hand to push a drive fan belt on the electric pump motor with his hand to help start the motor.  The field hand was injured when the electric motor started with his hand on the drive fan belt.  My review of the OSHA laws, deposition and discovery produced documents clearly demonstrated the supervisor and field hand ignored well known safety practices in OSHA and  in the petroleum industry.