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Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/2114:52:42 Desc Main <br /> Document Page 10 of 40 <br /> 10. The acts and omissions of the Defendant, as described above, including, but <br /> not limited to failing to provide its drivers with working air conditioning and an adequate <br /> SUPPIY Ofpotable drinking water created specific unsafe working conditions which presented <br /> a high degree of risk and a strong probability of serious injury or death to Kenneth Cole. <br /> IL Defendant had actual knowledge of the existence of the unsafe working <br /> conditions and of the high degree of risk and strong probability of serious injury or death <br /> presented by such specific unsafe working conditions 1:� -- described herein. <br /> 12. The specific unsafe working conditions described above were violations of <br /> state or federal safety statutes, rules or regulations, whether cited or not, or of commonly <br /> accepted and well-known safety standards within the industry or business of the employer, <br /> as demonstrated by competent evidence of written standards or guidelines which reflect a <br /> consensus safety standard in the industry or business, which statutes, rules, regulations or <br /> standard's were specifically applicable to the particular work and working condition <br /> involved,as contrasted with statutes,rules,regulations or standards generally requiring,safe <br /> workplaces, equipment or working conditions and such state or federal safety statute, rule, <br /> or regulation was intended to address the specific hazard presented by the unsafe working <br /> condition. Pursuant to West Virginia Cole §23-4-2(d)(2)(C), a verified statement of Chad <br /> Phillips,AP and John G. Green 11, PE, is attached as Exhibit "A",persons with knowledge <br /> and expertise of the workplace safety statutes, rules, regulations and consensus industry <br /> safety standards specifically applicable to the Industry and workplace involved in Ken,,-ieth <br />