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Reach two
 

Reach two

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Reaching two - as submitted

Reaching two - as submitted

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    Reach two Reach two Presentation Transcript

    • Tell your story through a timeline
      (continue to left click for slide transitions)
    • PRE INCIDENT FACTS SURROUNDING THE ACITIVITES OF JANE DOEEVENING OFJUNE 26, 2009*
      Jane Doe meets her friend Linda Grey along with Grey’s Mother and Sister at Cantina Laredo for Dinner and Cocktails. Doe consumes red wine.
      6:00PM
      Doe and Grey depart Cantina Laredo and head to New York Grill for dancing and cocktails. Grey’s Mother and Sister meet them there. Doe purchases a round of drinks
      8:30
      Doe and Grey depart New York Grill and head to Ouzo Blue Tavern for Ouzo shots while Grey’s mother and sister
      call it a night
      10:00
      *Source: Linda Grey audio interview conducted by Officer Gellina on 07-10-09
    • Make your point by emphasizing critical distinctions in the law
    • “Employee” Includes:
      An independent contractor working or performing services in the construction industry
      440.02(3)(c)
      440.02(3)(d)(1)
      “Employee” does not include: An independent contractor who is not engaged in the construction industry
    • LIABILITY UNDER VERTICAL IMMUNITY
      ACME
      CONSTRUCTION
      Plaintiff must prove by “clear and convincing” evidence that the employer deliberately intended to injure the employee;
      or that the employer engaged in conduct that the employer knew based on prior similar accidents or explicit warnings identifying a known danger was virtually certain to result in injury and death, and;
      That the employee was unaware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising his informed judgment regarding performance of the work.
    • Emphasize positive findings
    • OSHA INVESTIGATION
      REFLECTIVE VESTS
      ASSIGNED WORK ZONE TRAFFIC CONTROLLER
      DAILY INSPECTIONS
      ADEQUATE WORK ZONE
    • Highlight important passages
    • Point out significant injuries
    • Torn right
      Rotator cuff
      Bruised ribs
      Fractured
      Left
      patella
    • Highlight important
      deposition testimony
    • Deposition of John Doetaken on 07/22/09
      P. 7, L. 7-10
      Q. Was there any discussion on the job
      site that standing water might
      cause a hazard to people that were
      driving through it?
      A. Yes.