Pit & Quarry, April 2013
Law Legal editor Michael T Heenan is an attorney at Ogletree Deakins Nash Smoak Stewart one of the nations largest labor and safety law firms He can be reached at michael heenan@ odnss com ADVERTISING INFORMATION Pit Quarry magazine is the leading information source for the aggregates industry and the marketshare leader among industry publications in terms of advertising sales If youd like to place advertising in Pit Quarry contact Publisher Rob Fulop at 855 460 5502 x3741 rfulop@ northcoastmedia net or National Sales Manager Dino Vitanza at x3744 dvitanza@ northcoastmedia net Continued from page 50 its discretion to operate a light on Chandeleur Island and engendered reliance on the guidance afforded by the light it was obligated to use due care to make certain the light was kept in good working order If the light did become extinguished then the Coast Guard was further obligated to use due care to discover this fact and repair the light or give warning that it was not functioning If the Coast Guard failed in its duty and damage was thereby caused to the petitioners the U S is liable under the Tort Claims Act Thinking back on Bragg v U S that case is based on admissions by MSHA in its official report MSHAs investigation revealed the inadequacies of its own previous inspections of the mine For example MSHA inspectors failed to identify and cite numerous violations that were in existence nor did they require the mine operator to take corrective actions Accordingly MSHA determined that its own inspectors were at fault for failing to identify or rectify many obvious safety violations that contributed to the fire It is sometimes said that bad facts make bad law This may be one of those cases What was at issue in Bragg was whether the federal government could be liable For this the state court had to find that a private person could be liable And that is what the court did This is not the end of the story Inevitably the state courts opinion will be cited against federal inspectors or private inspectors not only in West Virginia but in other states as well wherever plaintiffs may claim injury due to negligent inspection P Q April Ad Index Advertiser Page Phone Website Amcast pg 16 631 750 1644 www amcastonline com Atlas Copco pg 11 800 732 6762 www atlascopco us Baldor Electric Co pg 37 479 646 4711 www baldor com Bridgestone Mining Solutions pg 49 51 800 905 2367 www bridgestoneminingsolutions com C L Dews Sons Foundry Machinery pg 43 877 339 7339 www dewsfoundry com Derrick Corp pg 26 716 683 9010 www derrickcorp com Douglas Mfg Co Inc pg 28 800 884 0064 www douglasmanufacturing com Gorman Rupp pg 41 419 755 1011 www grpumps com Hyundai pg 5 www hyundaiamericas com Intersystems pg 32 866 495 9713 www intersystems net ISCO Industries pg 42 800 345 ISCO www isco pipe com Italvibras USA Inc pg 38 815 872 1350 www italvibrasusa com Kemper Equipment Inc pg 47 484 514 2297 www quarryparts com Kleemann Wirtgen America Inside Front Cover 615 501 0602 www wirtgenamerica com Liebherr Mining Equipment Co pg 15 757 245 5251 www liebherr us Luff Industries Ltd Inside Back Cover 888 349 5833 www luffindustries com Lumsden pg 25 717 394 6871 www hoytwirecloth com Martin Sprocket pg 33 817 258 3000 www martinsprocket com Metso Minerals pg 31 40 412 269 5298 www metso com NSSGA pg 45 800 394 9753 www agg1 com NSK ABU Corp Insert 88 THINK NSK www nskamericas com Philippi Hagenbuch Back Cover 800 447 6464 www philmybox com Precision Pulley Idler pg 21 800 247 1228 www ppipella com Power Transmission Solutions pg 3 866 743 7392 www emerson ept com REMco pg 34 925 447 0805 www remcovsi com Revere Control Systems pg 47 205 824 0004 www reverecontrol com RMT pg 19 800 648 8132 www rmtequip com tradein Scania USA Inc pg 27 210 403 0007 www scaniausa com SEW Eurodrive pg 35 864 439 8792 www seweurodrive com Superior Industries pg 29 www superior ind com Tandem Products Inc pg 13 800 533 0509 Tecweigh Tecnetics Ind Inc pg 12 800 536 4880 www tecweigh com Terex Minerals Processing Systems pg 7 989 288 3121 www terexmps com Trio Engineered Products Inc pg 20 626 851 3966 www trioproducts com United Rentals Inc pg 17 800 UR RENTS www unitedrentals com Vortex Valves pg 44 www titan valves com W S Tyler Canada pg 9 800 325 5993 www wstyler ca WEG Electric Corp pg 39 800 ASK 4WEG www weg net us Xylem Dewatering Solutions Inc pg 18 800 24 PUMP 4 www godwinpumps com Dino Vitanza Rob Fulop www pitandquarry com April 2013 PIT QUARRY 55
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