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Court Tosses some Claims over Death of Worker Crushed by Dump Truck

By WorkCompCentral

Tuesday, March 3, 2015 | 0

A New York appellate court said the widow of a construction worker, who was crushed to death when the dump box of a dump truck descended on him, could proceed with some of her Labor Law claims. Case: Matter of Mitchell v. NRG Energy, No. 1391 CA 14-00871, 02/13/2015, published. Facts: John K. Mitchell was killed while attempting to unload debris from a dump truck. Mitchell was crushed by the dump box of the truck when it unexpectedly lowered, pinning him between the dump box and the frame of the truck. Procedural History: Mitchell's widow filed a Labor Law claim against various defe...

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