A California appeals court ruled Monday that a trial judge erred in dismissing a lawsuit against Del Monte Foods Inc. brought by the widow of a worker who was crushed while performing loading dock maintenance.
5th District California Court of Appeals at Fresno, i Rafferty v. Del Monte Foods Inc., overturned the lower court order granting summary judgment in favor of Del Monte in a lawsuit filed by Amanda Rafferty on behalf of her late husband, David Rafferty.
Rafferty was employed by JM Equipment Company Inc., which was hired by Del Monte to clean and repair pneumatic loading docks. He was crushed to death on 15 June 2016 by a loading dock.
Rafferty claimed that Del Monte failed to train workers in the safe operation of the loading dock, while Del Monte claimed that JM Equipment exercised control over Rafferty̵
7;s work and was responsible for the employees’ safety.In granting summary judgment, the court said there was no evidence that Del Monte exercised control over JM Equipment’s employees.
The appeals court, in reversing the decision, said a jury could reasonably conclude that Del Monte’s alleged breach of duty contributed to the death.
Source link
