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•  Legal Events - Legal News
Court dismisses lawsuits in power plant deaths

•  Legal Events     updated  2013/05/14 00:02


The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007.

The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard.

The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, about 40 miles west of Denver. The men were inside the pipeline resealing it at the time.

The workers were trapped in the tunnel when a flammable solvent they were using to clean an epoxy paint sprayer ignited on Oct. 2, 2007.

Families of the men and four injured employees sued KTA-Tator Inc., Structural Integrity Associates Inc. and Graco, Inc., claiming the companies were negligent.

The court, however, noted that the sprayer used by the workers carried a warning that "flammable fumes, such as solvent and paint fumes, in (a) work area can ignite or explode" and offered safety options.

The workers communicated by radio for 45 minutes with colleagues and rescue crews. But reaching them would have involved using ropes or ladders to go down a 20-foot vertical section of tunnel then along a 1,000-foot section at a 55-degree slope, to reach the horizontal section where they were located.

Lawyer questions memory of Philadelphia accuser

•  Legal Events     updated  2013/01/18 11:01


A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape.

Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use.

The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009.

The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999.

Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty.

During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park.

The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation.


Court weighs warrantless blood tests in DUI cases

•  Legal Events     updated  2013/01/09 19:54


The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.



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