Burton v. Foster Wheeler Corp.
Kentucky Supreme Court
1Opinion of the Court
COOPER, Justice.
Appellant Stephen E. Burton sustained a work-related injury on June 26, 1998, while operating a D-3 bulldozer at a landfill owned by his employer, Foster Wheeler Corporation. The bulldozer moved on caterpillar treads, as opposed to wheels, and was equipped with a steel safety cage, or “roll cage,” that was attached to four 4" x 4" steel posts attached at the top by steel roll bars. The machine had also been equipped with a seat belt; however, the right strap of the belt was broken so that the belt could not be fastened.
The accident occurred when the front end of the bulldozer…
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