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RE: [infoguys-list] 2 companies working in the same warehouse

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  • TSCM/SO Group
    What do you think? Is the employee a full time employee or is he from a temp service?? What are the safety rules?There are many questions that need to be
    Message 1 of 2 , Dec 21, 2009
      What do you think?

      Is the employee a full time employee or is he from a temp service?? What are
      the safety rules?There are many questions that need to be answered but the
      employer should have reasonably secured the work area to keep everyone out
      so no one could "cut" through. A curtain doesn't get it, there should also
      have been signs posted and employees should have been made aware of this as
      a policy/condition of pre and current employment as well as via memos and
      training. Trespassing doesn't apply to an employee who is allowed to be on
      the property in general, a secured area should be just that, secured. The
      fork guy, did he have training? Were there previous reports of operating mhe
      in an unsafe manner? Was he doing something that was part of his normal work
      routine? Does the employer have signed memos or safety meetings to cover out
      of bounds areas, or safety areas? Is the employer OSHA compliant? Does the
      employer provide training or orientation prior to allowing an employee to
      commence work? The shower deal doesn't count because the employer has no
      care custody or control of activity in an employee's residence.
      who is at fault? The employer. The employer is also liable for employee's
      actions while at work,including providing training for equipment operators.
      Also
      Carl? No
      Frank? No
      Both?

      How much in damages would you award and why?


      Frank ___0__________%
      Carl __100__________-%
      total 100%


      $___1 million____________ for pain and suffering
      $ 2 million for wages and medical expenses plus
      1 million in punitive damage

      Do not make any reduction in damages for Carl. The amount will be reduced by
      the % (if any) of fault you
      assign to him.

      Mitch Davis
      TSCM/Special Operations Group
      20 Music Square West,Suite 208
      Nashville,TN 37203 USA
      615 251 0441
      Fax 615 523 0300
      mitchd@...
      www.tscmusa.com
      "maintaining a higher degree of excellence"
      ******************************
      Tools for investigators at <http://www.covertworx.com/> www.covertworx.com
      _____

      From: Jurydoctor@... [mailto:Jurydoctor@...]
      Sent: Monday, December 21, 2009 12:29 PM
      To: forensic-debate@yahoogroups.com; infoguys-list@yahoogroups.com
      Subject: [infoguys-list] 2 companies working in the same warehouse




      $20 donated to Leukemia -Lymphoma Society for your opinion.
      thanks in advance.
      Happy Holidays to all!!


      Carl, who worked at Cargo R us, was tresspassing in an unauthorized work
      area. His employer prohibits their workers from going in that area
      His eyes were looking towards the floor. Carl decided to take a short cut to
      his work area by going thru this unauthorized work area.


      Along comes Frank who works for Forklifts R us company.
      Frank is a fork lift operator.
      He comes barreling thru (speeding, failing to yield right of way to
      pedestrians, and not stopping his forklift before he goes behind the
      curtain) that
      separates the unauthorized work area for Cargo R us workers.
      He clearly violated safety rules. He admits that if he stopped at the
      curtain he would not have hit Carl.

      Carl needed a partial foot amputation of his front foot.
      He had/has trouble walking and balancing and hurt his shoulder when he fell
      in the shower due to the fact the front of his foot was amputated.
      So now he has an upper body injury as well.


      Carl made 25,000 a year and claims he can not work
      His life caqre planner says he needs 4-8 hours of assistence 7 days a week



      therefore his life care planner figures on 2 million in past and future lost
      earnings and medical expenses,
      defense says no way! and they are not at fault. He shouldn't have been there
      in the first place. Because he was tresspassing he
      assumed the risk.

      What do you think?
      who is at fault?
      Carl?
      Frank?
      Both?

      How much in damages would you award and why?


      Frank _____________%
      Carl ____________-%
      total 100%


      $_______________ for pain and suffering
      $ for wages and medical expenses

      Do not make any reduction in damages for Carl. The amount will be reduced by
      the % (if any) of fault you
      assign to him.





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