PLEASE DONT ACCEPT IF YOU DONT UNDERSTAND IT
Research and analysis of a current employee employer workplace safety case.
This exercise will expand your understanding and applicability of state and federal workplace safety laws by studying a current case involving a workplace injury resulting in death.
1. Review the article about a recent workplace injury case involving a corporation fined $7,000 for workplace safety violations.
A Temp Worker Died on the Job After FedEx Didn’t Fix a Known Hazard.
The Fine: $7,000.
https://www.propublica.org/article/fedex-prioritizes-packages-over-employee-safety-workers-and-experts-say
2. Review the complaint filed on behalf of the deceased employee.
https://hmglawfirm.com/wp-content/uploads/2020/11/COMPLAINT.pdf
3. Review Tennessee Negligence Laws
https://statelaws.findlaw.com/tennessee-law/tennessee-negligence-laws.html
Title 20 – Civil Procedure
Chapter 5 – Abatement and Survival of Actions
20-5-113 – Damages recoverable in wrongful death.
https://law.justia.com/codes/tennessee/2010/title-20/chapter-5/20-5-113/
Tennessee Product Liability Laws
https://statelaws.findlaw.com/tennessee-law/tennessee-product-liability-laws-.html
4. Review the definition of intentional tort in the Valencia and Henry cases:
Valencia v. Freeland & Lemm Construction Co., 108 S.W.3d 239 (Tenn. 2003)
https://casetext.com/case/valencia-v-freeland-lemm-constr#p242
Henry v. CMBB, LLC, Case No. 19-5296 (6th Cir. Jan. 14, 2020)
https://casetext.com/case/henry-v-cmbb-llc-1
5. Review the investigation history information:
Violation Tracker
https://violationtracker.goodjobsfirst.org/prog.php?parent=fedex&order=pen_year&sort=asc&page=3
FEDEX workplace safety or health violation 2020 OSHA $13,000
Fedex Freight, Inc. wage and hour violation 2020 private lawsuit-federal $3,250,000
FEDEX SUPPLY CHAIN, INC workplace safety or health violation 2020 OSHA $6,554
FEDEX GROUND PACKAGE SYSTEM INC workplace safety or health violation 2020 OSHA $5,400
FEDEX EXPRESS workplace safety or health violation 2020 OSHA $9,000
US Department of Labor Data Enforcement
https://enforcedata.dol.gov/views/data_catalogs.php
6. After reviewing the law, court cases and complaint, draft a one-page answer to the following questions:
a) provide your analysis of the strength of the current case filed against Satco, Inc., and FEDEX; and
b) include your opinion on the likely of a successful outcome for the plaintiff in this case; and
c) explain your reasoning in support of your conclusions.