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Chelcher v. Spider Staging Corp.

892 F. Supp. 710 (1995)

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Chelcher v. Spider Staging Corp.

United States District Court for the District of the Virgin Islands
892 F. Supp. 710 (1995)

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Facts

Chelcher (plaintiff), an employee of Industrial Maintenance Corporation, sustained permanently disabling damage to his lower back when he sandblasted the top of a spherical propane tank for a prolonged period of time atop a scaffold that was positioned at an awkward angle. The tank was owned by Hess Oil Virgin Islands. On the day of the incident, Chelcher climbed onto a movable, cage-like scaffold, or “spider,” manufactured by Spider Staging Corporation (Spider) (defendant) to perform the sandblasting. Chelcher had worked on a number of similar scaffolds during his career. However, the particular spider scaffold had been mis-rigged, causing the floor platform of the spider to tilt away from the tank. Even though Chelcher was aware of the mis-rigging, he nonetheless boarded the cage and performed sandblasting duties on the titled platform for approximately five hours. Chelcher filed suit against Spider, alleging a number of claims, including negligent failure to warn. Chelcher claimed that a pictogram depicting a man falling could easily have been placed on the spider scaffold to warn those ascending the structure. Each party filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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