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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Jul 11, 1983

Barzaghi v. Maislin Transport

The plaintiff, Anthony Barzaghi, a truck driver, was injured in 1979 at the defendant's warehouse in Kearney, New Jersey, allegedly due to a defective ladder. He appealed a judgment from the Supreme Court, Kings County, which dismissed some of his causes of action. The appellate court affirmed the judgment, finding no reversible error in the trial court's decision to exclude expert testimony regarding OSHA regulations (as similar ANSI standards were admitted, making any error harmless) and in admitting a portion of the plaintiff's hospital chart as a business record or admission.

Personal InjuryLadder AccidentOSHA RegulationsANSI StandardsEvidentiary RulingsAppellate ReviewExpert Witness TestimonyHospital RecordsHearsay RuleBusiness Record Exception

References

Case No. MISSING

Regular Panel Decision

Dempsey v. Correct Manufacturing Corp.

The plaintiff-administrator appealed a summary judgment dismissing a wrongful death suit against Fayetteville Electric System and the City of Fayetteville. The case stemmed from the electrocution of James Timothy Dempsey, an employee of a tree-trimming contractor, when a boom contacted a high voltage line. The plaintiff alleged the System's negligence and violation of safety regulations (NESC, OSHA, ANSI) created an unsafe workplace. The defendants asserted immunity and other affirmative defenses. The Court affirmed the dismissal, holding that an electric system does not bear a non-delegable duty for the safety of an independent contractor's employees performing ancillary activities like tree-trimming, nor is it liable for the contractor's safety violations. The court clarified that safety regulations for energy-carrying apparatus do not extend to the liability for a contractor's operations on other properties of the system.

Wrongful DeathSummary JudgmentIndependent ContractorElectrocutionNegligenceNon-delegable DutySafety RegulationsOSHANESCANSI

References

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Barzaghi v. Maislin Transport

Personal InjuryLadder AccidentOSHA RegulationsANSI StandardsEvidentiary RulingsAppellate ReviewExpert Witness TestimonyHospital RecordsHearsay RuleBusiness Record Exception

Dempsey v. Correct Manufacturing Corp.

Wrongful DeathSummary JudgmentIndependent ContractorElectrocutionNegligenceNon-delegable DutySafety RegulationsOSHANESCANSI