US District Court in Indianapolis Rules in Favor of Estate of Lori Keen Against Nestle in Kroger Pallet Collapse Case- Golitko & Daly Work Injury Lawyers Indianapolis Indiana.
Lori Keen was killed on March 15, 2010 at a Kroger Grocery store in Franklin Indiana while moving pallets containing approximately 4000 lbs of Ice Mountain bottled water. Nestle, the parent company of Ice Mountain, moved to have the case dismissed, arguing it did not have a duty to Lori Keen to warn her of any alleged dangers associated with stacking and transporting pallets of twenty four packs of half liter Ice Mountain Water. US District Court Judge Larry McKinney disagreed and issued a ruling on April 19, 2012 that Nestle owed a duty of reasonable care to Lori Keen to provide a safe package, including adequate warnings, for its cases of water. The Court also referred to the IOSHA citations against Kroger to find there was a question of fact as to the training and equipment provided to Lori.
Here is a link to the Court's Decision.
This case is a great example of how Indiana personal injury lawyers who are not familiar with workplace accidents can miss the important third party claim against a manufacturer and assume the only recovery in a wrongful death case is workers compensation. The benefits in an Indiana workers compensation case are limited to final medical expenses, $7500 in burial expenses and 500 weeks of a portion of the deceased workers' salary. With a third party claim, the remaining family members are entitled to much great compensation, including the loss of love, care and affection and economic loss.
If you or a loved one are injured in an Indiana workplace, including a construction site, manufacturing plant,or retail establishment in Indianapolis, Fort Wayne, South Bend, Bloomington, Evansville or any place in between, the Indiana Work Injury Lawyers at Golitko & Daly want you to remember ; WE GO TO WORK WHEN YOU CAN'T!