Current case

Week 4 Seminar Assignment: Research and analysis of a current employee employer workplace safety case.

This exercise will expand your understanding and applicability of state and federal workplace safety laws by studying a current case involving a workplace injury resulting in death.

1. Review the article about a recent workplace injury case involving a corporation fined $7,000 for workplace safety violations.

A Temp Worker Died on the Job After FedEx Didn’t Fix a Known Hazard. The Fine: $7,000.

https://www.propublica.org/article/fedex-prioritizes-packages-over-employee-safety-workers-and-experts-say

 

2. Review the complaint filed on behalf of the deceased employee.

https://hmglawfirm.com/wp-content/uploads/2020/11/COMPLAINT.pdf

 

3. Review Tennessee Negligence Laws

https://statelaws.findlaw.com/tennessee-law/tennessee-negligence-laws.html

 

Title 20 – Civil Procedure

Chapter 5 – Abatement and Survival of Actions

20-5-113 – Damages recoverable in wrongful death.

https://law.justia.com/codes/tennessee/2010/title-20/chapter-5/20-5-113/

 

Tennessee Product Liability Laws

https://statelaws.findlaw.com/tennessee-law/tennessee-product-liability-laws-.html

 

4. Review the definition of intentional tort in the Valencia and Henry cases:

Valencia v. Freeland & Lemm Construction Co., 108 S.W.3d 239 (Tenn. 2003)

https://casetext.com/case/valencia-v-freeland-lemm-constr#p242

 

Henry v. CMBB, LLC, Case No. 19-5296 (6th Cir. Jan. 14, 2020)

https://casetext.com/case/henry-v-cmbb-llc-1

 

5. Review the investigation history information:

Violation Tracker

https://violationtracker.goodjobsfirst.org/prog.php?parent=fedex&order=pen_year&sort=asc&page=3

 

FEDEX   workplace safety or health violation         2020       OSHA    $13,000

Fedex Freight, Inc.           wage and hour violation                2020       private lawsuit-federal  $3,250,000

FEDEX SUPPLY CHAIN, INC            workplace safety or health violation         2020       OSHA    $6,554

FEDEX GROUND PACKAGE SYSTEM INC   workplace safety or health violation         2020       OSHA    $5,400

FEDEX EXPRESS workplace safety or health violation         2020       OSHA    $9,000

US Department of Labor Data Enforcement

https://enforcedata.dol.gov/views/data_catalogs.php

 

6. After reviewing the law, court cases and complaint, draft a one-page answer to the following questions:

a) provide your analysis of the strength of the current case filed against Satco, Inc., and FEDEX; and

b) include your opinion on the likely of a successful outcome for the plaintiff in this case; and

c) explain your reasoning in support of your conclusions.

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