On September 24th, the U.S. Court of Appeals for the 11th Circuit sided with SEW-EURODRIVE, represented by Drew Eckl & Farnham partner Andrew Horowitz, in a suit involving a worker’s injury, determining the company did not beach any legal duty to her. The contracted worker alleged that the company’s negligence led to a tool falling onto her head and injuring her.
The three-judge panel affirmed a summary judgment against Tiffany Snadon, saying that while SEW-EURODRIVE provided her employer with the tool that fell on her head, if a negligent act led to her injury, it was her own employer’s decision to move the structure the tool was on without removing or securing it.
Under Georgia law, a company does not have a duty to supervise its independent contractor, and the record did not show that SEW committed any negligent acts for which it could be held liable. Snadon worked for Nth Degree, which was contracted by SEW-EURODRIVE to build a structure for its exhibit at an Atlanta trade show.
Andrew Horowitz was pleased with the hearing:
“We have taken the position from day one that neither SEW-EURODRIVE nor its employees played any role in Plaintiff’s alleged accident. We have also had serious concerns and questions about the veracity of her claims. We’re gratified that, at long last, we’re able to put this case to bed.”
Andrew Horowitz, Partner
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