October 2, 2019
In October, 2019, Pierce Couch attorneys Bryan E. Stanton and Charlie A. Schreck obtained summary judgment in favor of their client, UPS Industrial Services, LLC, in a complex toxic tort action lawsuit alleging negligence maintenance of industrial equipment. The plaintiff alleged he was completely disabled as a result of inhalation of an unknown substance from an industrial vacuum.
In granting summary judgment, the Tulsa County District Court judge agreed with defendant that UPS did not owe a legal duty to plaintiff. Plaintiff’s counsel argued a contractor owning equipment on a job site can be held liable when another contractor is injured by that equipment. However, analyzing the facts of the case and in his four page opinion, the judge agreed with defendant’s counsel that it was not reasonably foreseeable that plaintiff would be harmed by the industrial vacuum. The Court also noted that even assuming arguendo it was a foreseeable risk of harm that others could be harmed by having an unemptied vacuum at the facility where other people were present, the facts do not show that the risk of harm was unreasonably dangerous.
Pierce Couch is one of the largest, most experienced law firms in the Southwest, serving clients throughout the region and nationally in the areas of litigation, complex tort, transportation, medical malpractice, civil rights defense, employment, workers’ compensation, and several other areas of law. The firm employs more than 40 attorneys, with offices in Oklahoma City and Tulsa.