CHELCHER V. SPIDER STAGING CORP.
892 F.Supp. 710 (1995)
NATURE OF THE CASE: Chelcher (P) sued Staging (D) for injuries when using a piece of D's
equipment in the course of his employment. Both parties filed full or partial motions for
summary judgment.
FACTS: P worked at sandblasting the top hemisphere of a spherical propane tank belonging
to Hess.
P was employed by Industrial Maintenance Corporation ('IMC'). P did the work from movable,
cage-like scaffold or 'spider' allegedly manufactured by D. P alleged disabling damage to
his lower back from approximately five hours of sandblasting in an uncomfortable position.
The scaffold had been mis-rigged such that it did not hang plumb from its suspension wires,
but rather dragged along the side of the spherical tank. This mis-rigging caused the
floor-platform of the spider to tilt increasingly away from the horizontal as it progressed
up the side of the tank. P had worked on scaffolds in the past. Fully aware of this
situation, P nonetheless boarded the spider cage and sandblasted from its increasingly
tilted platform for about five hours. P sued D alleging five redundant causes of action
against P and Hess. Both parties moved for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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