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Fatal Accident Caused by Falling Beam Not an Intentional Tort

Tuesday, March 29, 2016 | 629 | 0 | 24 min read

An employer that failed to attach a shackle to secure an I-beam that was being lifted by a crane could not be held liable for an intentional tort because the beam slipped out of its harness and caused the death of an employee, the Ohio 5th District Court of Appeals ruled. Case: Breitenbach v. Double Z Construction Co., No. 15 CA 53, 03/24/2016. Facts: Micah Montgomery worked as a laborer for Double Z Construction, which was contracted to help in the demolition of a bridge on Interstate 70 near Newark, Ohio. Using an arial lift, Montgomery cut holes through a 60-feet-long steel I-beam on the ...

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