![]() Worker dies after becoming pinned by machinery at paper plant ( a paper mill worker, 49, has died after becoming pinned by machinery - he was doing maintenance at the plant when he became pinned between the bucket and front of a skid steer - no other details)įiltervac International Inc. he was loading boxes onto a shelving unit when he stepped off of the pallet - he fell and struck his head - he was badly injured) Man injured in fall at work - sent in by subscriber and I could not find a working link to the original article (worker,54, was standing on a pallet on a raised forklift when the accident happened at about 1:30 p.m. he was among a group of workers who were crossing a parking lot after attending a meeting in the building - the forklift driver was headed around a curve and apparently did not see him - he was run over by the right rear tire of the forklift truck) Worker killed when hit by forklift at school site (a construction worker was killed when he was hit by a forklift truck at the construction site of the new High School - the victim, 58, was an electrician - the accident occurred about 11 a.m. Worker dies from injuries (a man, 51, who sustained serious head injuries in an industrial accident has died - he suffered the injuries in an accident at a building while two workers were removing scrap metal from the ceiling of a building that was being demolished when one of the men fell from a forklift with serious head injuries)Įxcavator crushes man (man, 30, was crushed to death when the excavator he was driving toppled from a trailer - man was unloading the excavator from a truck when the accident occurred) Worker hurt after falling from forklift (a man is in hospital with serious head injuries after falling from a forklift - the accident occurred at a building - two workers were removing scrap metal from the ceiling of a building that was being demolished when one of the men fell from a forklift) The Fifth Circuit’s opinion in Boyett is based in part on Louisiana’s public policy of liberally construing the UM statute in favor of coverage, perhaps restricting its applicability to UM cases and not when the third party liability provisions of an auto liability policy are at issue.Category: Mobile Equipment, Forklift, Manlifts Alerts Time will tell if the Boyett decision will be used to also expand the scope of coverage under commercial auto liability policies, which exclude losses arising from mobile equipment like forklifts. The dissenting Judge argued that a forklift was a vehicle not designed for highway use or required to be registered and was, thus, not subject to the compulsory liability insurance requirement under Louisiana law. UM coverage was thus available to Boyett under the policy issued by Redland. The Court thus applied a dictionary meaning, concluding because a forklift was (1) a vehicle and (2) propelled by its own motor, the forklift was a motor vehicle under the UM statute. ![]() The panel noted the absence of a definition of “motor vehicle” within the statute and the lack of any ruling by the Louisiana Supreme Court. The Court then turned to whether the forklift causing the accident was a “motor vehicle” within the meaning of the UM statute. The federal Fifth Circuit first determined the legislative history of Louisiana’s UM statute dictated an intent to cover Louisiana residents under Louisiana-issued policies regardless of the location of the accident. Redland denied coverage, maintaining (1) the policy did not provide coverage for the North Carolina accident and (2) the forklift was not an uninsured motor vehicle under the Louisiana UM statute. ![]() The accident occurred in North Carolina when an employee of Carolina Lumber, using a forklift to unload the lumber from the Boeuf River truck, struck and severely injured Boyett. Boyett and his wife sued Redland in Louisiana, alleging that the forklift was an uninsured motor vehicle and they were entitled to statutory UM benefits under Redland’s policy. It was undisputed that Boyett was an insured under the Redland policy. Under Louisiana law, UM coverage is written into all automobile liability policies in an amount that is not less that the bodily injury liability limits provided by the policy, unless the insured has expressly rejected all coverage or selected lower limits. The policy, issued in Louisiana, did not include any provisions relating to uninsured motorist (UM) coverage, but importantly, Boeuf River had not executed a waiver of UM coverage. Boeuf River maintained insurance on the truck under a commercial auto liability policy issued by Redland. Boyett was hauling lumber on a flatbed tractor-trailer for delivery to Carolina Lumber. Plaintiff, Clyde Boyett, was employed as a truck driver by Boeuf River Ventures. A Forklift is a Motor Vehicle Under Louisiana’s UM Statuteįederal Fifth Circuit Court of Appeals (Louisiana law)Ģ014 U.S.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |