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    Torts keyed to Robertson

    Bush v. SECO Electric Co.

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      Plaintiff worked at a recycling factory for aluminum cans and the defendant installed wiring for a device that conveyed cans into the hopper. The job of certain employees was to retrieve cans left behind, which was achieved by descending into a pit and retrieving the cans. To ensure safety the conveyer was supposed to be turned off before an employee descended into the pit. After the wiring was installed, the plaintiff was working in the pit and because plaintiff was unaware of the safety protocol, he did not turn off the conveyer before entering the pit, and the conveyer grabbed her clothes, which resulted in the plaintiff losing their arm. Plaintiff sued and argued the defendant negligently installed the wiring because they did not install an emergency shut off button within the pit. The defendant argued the acceptance rule barred liability. The rule states that a contractor only has a duty of care with the person they are in privity with, which here would be the recycling factory. Thus, once a contractor has performed their job, liability will be exclusively with the recycling plant. The trial court dismissed the case.

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    Bush v. SECO Electric Co.