The family of a man who died two days after a ditch collapsed on him can not sue his employer, an Ohio appeals court ruled Tuesday and upheld a court decision that found the employer was not negligent despite several U.S. job security and health offenses. and health care administration.
Marcus A. Mennett worked for Stauffer Site Services LLC, which was hired to provide excavation and installation services for a street project in Hillsboro, Ohio, when the city's director of public works stopped working due to ditch obstruction.
While the employer mitigated the danger – finding trench boxes to securely secure its edges – the ditch on Mr. Mennett, who had returned to the bottom of the ditch "sometime after work stoppage orders were issued," according to documents in the Estate of Marcus A. Mennett v. Stauffer Site Services, LLC, et al., filed with the Court of Appeals of Ohio, 1
Following his death and an investigation, OSHA issued a referral and report of punishment to Stauffer, citing several violations of safety regulations and intentional violation of the requirement for ditch protection systems.
Mr. Mennett's family later filed an incorrect death / survival measure, and the employer filed a request for a summary judgment, which was granted by the trial court.
force him to continue working in the ditch once (the employer) decided that the water in the ditch had made the conditions unsafe.
“Instead, the undisputed facts about the record that (the employer) ordered that the work stoppage on the ditch and that (the supervisors) left to pick up a digging box to make conditions safer. During that time, all workers abandoned work in the ditch, with workers doing different things during the break. For unknown reasons, Mennett entered the ditch before the accident occurred, but there is no evidence that Mennett's actions were based on any action by his colleagues demanding that he re-enter and work in the ditch.