Maynard v. FLANAGIN BROS., INC.
Indiana Court of Appeals
1Opinion of the Court
STATON, Presiding Judge.
Maynard appeals from a summary judgment in favor of Flanagin Brothers. Two issues are presented for our review:
I. What statute did the Indiana Department of Labor rely upon for its authority to pass construction industry regulations?
II. Does the statute relied upon by the Department of Labor actually grant that power to the Department?
Reversed.
When the sides of a 16 foot deep trench collapsed, Maynard was buried in mud and received severe personal injuries. The trench had been excavated for sewer lines. It had not been shored or sloped to prevent such accidents.
For…
Also in this document: Concurrence.
2Cases cited10 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Smith v. P. & B. CORP.Indiana Court of Appeals · 1979
- Denneau v. Indiana & Michigan Electric CompanyIndiana Court of Appeals · 1971
- Jones v. Indianapolis Power & Light Co.Indiana Court of Appeals · 1973
- Kipp v. KuekerMassachusetts Appeals Court · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ramon v. Glenroy Const. Co., Inc.Indiana Court of Appeals · 1993
- Robinson v. KinnickIndiana Court of Appeals · 1989
- Phillips v. United Engineers & Constructors, Inc.Indiana Court of Appeals · 1986
- Lewis v. LockardIndiana Court of Appeals · 1986
- Maynard v. FLANAGIN BROS., INC.Indiana Court of Appeals · 1986
2 more not listed; retrieve them via the Exa API.