9/14/2009
Hirst Applegate Obtains Defense Verdict in Co-Employee Liability Case
Richard Mincer and Tom Nicholas successfully defended the General Superintendent of a Jackson, Wyoming construction company. Plaintiff, a co-employee, was working off of a field-crafted wooden man basket raised approximately 8-10 feet in the air with a forklift when the platform failed. Plaintiff fell and broke several vertebrae, but did not require surgery. Plaintiff alleged the General Superintendent, the Job Superintendent, and the company owner all had knowledge of the use of such platforms at job sites, but failed to purchase a new 'OSHA-approved' metal basket before the accident despite alleged requests from the crew. The defense maintained that Plaintiff failed to prove that that the there was a high probability that Plaintiff would be injured when he went up on the platform and pointed to testimony that every worker who was either involved in the construction or use of the man basket believed it was safe. Hirst Applegate also argued that the General Superintendent had only general supervisory responsibilities over the work site and not the direct supervisory responsibilities required by Wyoming law. After a six day jury trial, the jury found that none of the three defendants acted with willful and wanton misconduct, as is currently required by Wyoming co-employee liability law.
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