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Thompson, a laborer for Seaman Plumbing Company, received serious injuries when he was buried alive while trying to connect the sewage line of Seafood Haven's

  • Thompson, a laborer for Seaman Plumbing Company, received serious injuries when he was buried alive while trying to connect the sewage line of Seafood Haven's restaurant to the city line of Bayou La Batre, Louisiana. It is required by city ordinance and OSHA that deep trenches must be either sloped or braced to prevent cave-ins. Neither was done in this case. Thompson had not reached the cities property yet when the cave-in occurred. However, the city safety inspector named Jim Kirby and the Federal OSHA inspector named Gilford Small were both standing there watching when the cave-in occurred. Right before the cave-in occurred the "ditch-digger", a large gasoline operated machine with a 6 foot wheel with teeth on it suddenly stopped making a loud "bang." Immediately the loose dirt around Thompson began caving into the ditch he was working in. Thompson has decided to sue for his damages. His attorney found out that the "ditch-digger" machine was brand new but was defective and this is what caused it to stop and is also what caused the loud "bang." It was purchased from Harold's Building Supplies. Harold did not issue any "disclaimers" with the paperwork when it was purchased by Seaman's Plumbing. Who should Thompson sue in this case? Specify each party and whether you feel they would be liable. This will include Seaman Plumbing Company, the city of Bayou La Batre, their employee named Jim Kirby, the Federal government under OSHA and their employee named Gilford Small, and Harold's Building Supplies. Chosing one of these is not sufficient here.

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