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7th Circuit affirms for employer in rental equipment fatality

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An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.

The 7th Circuit affirmed a grant of summary judgment in favor of a company that was installing thermal units at a Wal-Mart store being built in Gas City. The ruling affirms judgment by Magistrate Judge Roger B. Cosbey of the District Court for the Northern District of Indiana in NES Rentals Holdings, Inc., et al., v. Steine Cold Storage, Inc., 12-1401.

Humberto Menendez was fatally injured and his family sued Wal-Mart, NES and other parties, alleging wrongful death. His employer, Steine Cold Storage, wasn’t named, the court presumes, in light of Indiana’s Worker’s Compensation Act.

NES demaned that Steine indemnify and hold it harmless. “We agree with Steine that the indemnification clause in the rental agreement does not expressly state, in clear and unequivocal terms as Indiana law requires, that Steine agreed to indemnify NES for NES’s own negligence,” Judge Ann Claire Williams wrote for the court. “We therefore affirm the district court’s grant of summary judgment in favor of Steine.”





 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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