(DOWNLOAD) "State v. Warner" by Florida Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Warner
- Author : Florida Court of Appeals
- Release Date : January 18, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
On July 12, 1994, W. Jackson & Sons (herein, Jackson) was installing concrete pipe with a Caterpillar 235D Excavator. The machine, manufactured by Caterpillar, Inc., and leased to Kelly Tractor, Co., was "track-mounted," with a boom projecting off an upper structure which rotates. The excavator digs a trench, then lifts and lowers a section of pipe into the trench, and places fill under the sections of pipe in the trench. The excavator moves back and forth on its tracks and is equipped with a "travel alarm" that goes off when the tracks move in any direction. Donald J. Davis was working as a Jackson operator and placed several sections of drain pipe for installation along an excavated trench. The crew for the project may have been short that day. Davis was summoned to work as a "hill man" by foreman, Robert Jones. As "hill Man", Daviss task was to wrap cable around a section of pipe and attach it to the excavators boom. As Davis was waiting for an opportunity to get in the area behind the excavator cab in order to put cable around a section of pipe, he saw the excavator move away, he went to roll the pipe into place, and he was hit.
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