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Graves v. McConnell6/6/2000
Appellant Lauren Graves, Robert Graves's widow, sued respondent Harold Thomas, Graves's co-employee, for gross negligence. She contends Thomas failed to exercise proper care when he wrongly assured co-workers that Graves was no longer working in a mechanical vault into which high pressure steam was released. The district court granted summary judgment in favor of Thomas, and Graves's widow appeals, contending that there are genuine issues of material fact as to whether Thomas was grossly negligent and breached a personal duty to Graves. Because we conclude Thomas did not breach a personal duty to Graves, we affirm.
FACTS
The Minneapolis Energy Center (MEC) supplies steam that heats the buildings in downtown Minneapolis in the winter and chilled water that cools them in the summer. To meet its customers' demand for steam during peak winter periods, MEC purchases additional steam from the Hennepin County Energy Center (HCEC). Steam generated at HCEC is introduced into the MEC system for delivery to its customers via the "interconnect," a steam line constructed by MEC.
The steam generated by MEC and HCEC moves through downtown Minneapolis via a series of underground pipes. There are also underground vaults at various locations throughout the system. Within the vaults are steamline connections and valves that permit workers to shut off steam from parts of the system in order to perform repairs and maintenance.
Until the time of his death, Robert Graves, appellant's husband, was employed by NRG Energy, Inc. (NRG). NRG operates the MEC heating and cooling plants in downtown Minneapolis. Graves was a distribution worker and was involved in the construction of the interconnect. His job included making repairs on the valves and other equipment located in the underground vaults that form part of the piping system that distributes steam. A distribution worker exercises his or her judgment in the maintenance and repair of the steamlines in accordance with applicable company rules, OSHA standards, and safety rules and regulations.
Respondent Harold Thomas is also an employee of NRG and a plant operator at the MEC plant. His job responsibilities include operating the steam boilers and other equipment within the plant. It is important from an operational standpoint for the plant operators to know when maintenance or repairs will require shutting down parts of the steam distribution system. But plant operators have no supervisory responsibility over distribution workers and do not dictate how distribution workers do their job. Both plant operators and distribution workers at MEC report to the same supervisor.
To ensure the safety of its employees, NRG employs a lockout/tagout system that requires valves in the system to be shut off when an NRG employee works on any portion of the steam system in a manner that has the potential to expose him or her to steam. Employees involved in repair work use NRG issued padlocks and chains to mark any valve that has been turned off for safety reasons. Employees are also required to place tags, conveying information related to the repair, on the valve itself. Once the valve had been locked-out, only the worker responsible for the tag is permitted to remove it.
Employees are also required to fill out a maintenance work request (MWR) before they begin work that requires physical intrusion into the steam distribution system. Prior to undertaking any work, an NRG distribution employee must show the MWR to the supervisor to obtain his or her written approval to begin the work. After the supervisor approves the work, the distribution employee gives a copy of the MWR to the plant operator on duty in orde
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