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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
    View slide
  • “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
    View slide
  • 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.