Court Allows OSHA Reference As 'Some' Evidence of Negligence

PHOENIX - An Arizona appellate court has affirmed a trial court decision to allow a jury to consider testimony on OSHA safety standards despite defense assertions that the standards weren't applicable to the parties. Wendland, et ux. v. AdobeAir Inc., No. 1 CA-CV 07-0815 (Ariz. Ct. App., Div. 1).

The Arizona Court of Appeals, Division One, said the trial court properly instructed jurors that the standards promulgated by the Occupational Safety and Health Administration were to be considered along with other evidence of alleged negligence.

Daniel C. Wendland sued AdobeAir Inc. after he was injured in a fall during demolition …