United States v. Dye Construction Company
United States Court of Appeals for the Tenth Circuit
510 F.2d 78 (1975)
- Written by Sara Adams, JD
Facts
After an employee died during a trench cave-in, Dye Construction Company (defendant) was charged with violating a regulation passed under the Occupational Safety and Health Act of 1970, which prohibited employers from willfully failing to take certain safety measures to protect trench workers. At trial, the jury was given a jury instruction concerning willfulness. The instruction did not state that the jury must find an evil motive to determine Dye acted willfully in failing to comply with the regulation, and the instruction only required that the jury find the failure to comply was done knowingly and purposely. Dye appealed, arguing the jury should have been instructed that willful intent requires not just acting knowingly or purposely, but acting with an evil motive.
Rule of Law
Issue
Holding and Reasoning (Doyle, J.)
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