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ARTICLE ID 64545

- NEGLIGENCE - ALLEGED VIOLATION OF OSHA STANDARDS - KETTLE TIPS OVER AND BURNS THE DECEDENT - SECOND AND THIRD DEGREE BURNS TO 45% OF THE DECEDENT'S BODY.

Suffolk County, Massachusetts

The male decedent, a kitchen employee, was working on January ________ when an industrial kettle containing 80 gallons of boiling water suddenly tipped over. The water fell on the decedent. He suffered second and third degree burns to over 45% of his body. The plaintiff contended that the defendants were performing repairs on the kettle a few days before the incident. The plaintiff maintained that the defendants removed gears which prevented the kettle from tipping suddenly. The plaintiff maintained that the defendants failed to lock-out or tag-out the kettle as required by OSHA regulations, rather, they informed the kitchen supervisor not to let anyone use the kettle.

The decedent had to undergo several skin grafts and had nerve damage to his legs as a result of the incident. He died from unrelated causes.

The plaintiff brought suit alleging that the defendants were negligent in failing to comply with OSHA regulations and render the kettle unusable.

The defendants denied the allegations. The defendants maintained that the decedent was informed by various members of the kitchen staff not to use or go near the kettle. The defendant further advised that it did not remove the gears from the kettle as the plaintiff alleged.

At the conclusion of the trial, the jury found in favor of the defendant and against the plaintiff.

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