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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. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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