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Alexander v. Demmer Corporation8/20/2002
hed in 1996 to avoid injuries like that plaintiff suffered, and argues that those precautions prevented injury when employees obeyed them.
Documentary evidence plaintiff submitted below raises a genuine issue of fact whether defendant's 1996 procedures did anything to correct its lack of enforcement of Lockout and Lockout training and contradicts defendant's assertions that, before plaintiff's injury in January 1998, it had abated the conditions that led to the 1995 MIOSHA violations, and that it took steps in 1996 (or at any time before plaintiff's January 1998 injury) that ameliorated its failure to implement and enforce Lockout and Lockout training of employees. Defendant's managers admitted that the 1996 procedures did not require Lockout. Further, plaintiff presented evidence that the 1996 procedures were a fiction. Managerial and supervisory employees at Demmer did not train their employees regarding the 1996 procedures, were aware that the 1996 procedures were not being followed but did not enforce them, and indeed, were ongoing witnesses to the cleaning of the pinch rollers in contravention of the 1996 procedures.
Collins testified at deposition about measures Demmer implemented after plaintiff's accident. He testified that all of the changes implemented after plaintiff's injury could have been implemented before plaintiff's injury, including installation of a light screen, which prevents employee exposure to sudden startup, and does not require use of Lockout regulations.
Under these circumstances, we conclude that a genuine issue of fact remained whether defendant had actual knowledge that injury was certain to occur and willfully disregarded that knowledge.
Reversed and remanded for further proceedings. We do not retain jurisdiction.
Janet T. Neff
Helene N. White
Donald S. Owens
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