قالب وردپرس درنا توس
Home / Insurance / Appeals court tosses civil suit over worker death

Appeals court tosses civil suit over worker death



An appeals court in California on Tuesday granted a summary to a pistachio processing facility after the man who died while maintaining a machine attempted at the company, asserting part that the suit did not meet the legal bar for At issue is the machine that crushed Fernando Santiesteban at the Terra Bella, California, plant in 2011 when another worker accidentally started the machine. His widow Sylvia Ochoa had claimed in her lawsuit that the machine was considered a "power press," which California law states can be the source of a civil lawsuit outside of the machine and the situation meets certain requirements, according to documents in Ochoa v. Setton Pistachio or Terra Bella Inc. filed in the Court of Appeals of California, Fifth District, in Fresno, California.

The Tulare Court Superior Court in 201

6 granted a summary judgment filed by the defendants who argued in part that the machine in question was a conveyer-style "auger" and not a press that used the, and that the company did not manufacture the machine – addressing the product liability portion of Ms. Ochoa's lawsuit

On appeal, a three-judge panel affirming the ruling, describing the auger as a machine that is not a press, therefore not meeting the legal standard for civil liability, and accepting the argument that the company did not manufacture. the machine, according to the ruling

The company's attorney duty Business Insurance on Thursday the lawsuit was one that should have "never been filed" in that it "clearly did not meet the exception" for torture suits outside of exclusive remedy.

“What this case really means is the determination with which the plaintiffs' bar will pursue compensation on the severity of the outcome (of an accident) and in this case, a fatality,” Anthony Raimondo , Fresno attorney and president of Raimondo & Associates Corp.

The company nor the other attorneys involved could immediately be reached for comment.


Source link