LP Gas, March 2010
Legal Brief Continued from page 70 unwittingly hurting the defense for his former employer Sometimes the employee has a grudge against his former employer and is motivated to give unfavorable testimony Typically only witnesses in management positions may give testimony that binds a company as to policies or practices However it is a diffi cult rule to enforce in actual practice Knowing this there is a signifi cant effort to get former employees to get tacit admissions that may not accurately refl ect company policies but will be damaging to the company in the defense of a lawsuit When an accident does occur it is important to identify former employees of the company and the reasons they have left when meeting with your team of lawyers consultants investigators and claims professionals early in the process It is important to reach out to these people and see if they will keep the company and its professional response team in the loop if the side bringing a lawsuit against the company contacts them Counsel for the company would seek to be involved in or prevent those interviews from going forward with permission of the former employee This would ensure that the former employees have the opportunity for representation of counsel when giving statements and the chance to review those statements The employee who is directly involved in the delivery or service work will be a key witness His or her entire personnel fi le will be examined Training records will be reviewed The witness likely will be tested on CETP or like training to see if he really knows his stuff Supervisors will be tested on the same training that the actual service person is asked about that may or may not impact the case There will be efforts to get management to suggest the employee was negligent violated industry or company policy or practice This is often a diffi cult area to work through in a case Often management is not prepared to speak on an employees action in a case because they dont have suffi cient facts Knowing how industry standards apply to a given set of facts is an important piece of the puzzle that your lawyer can bring to the table This will help you and your company in determining how best to face these challenges in lawsuits Industry related litigation involving explosions and fi res requires unique knowledge from your defense team of lawyers consultants and insurance professionals You will be able to speak the same language relevant to the industry without the need to start at Propane 101 This knowledge bank is helpful in making timely and wise decisions on moving forward with the claims and lawsuits you face LPG John V McCoy is the president of McCoy Hofbauer S C and specializes in the representation of propane companies He can be reached at 800 599 8300 or jmc coy@ mh law us 61st Annual Western Propane Trade Show Convention or go to www westernpga org Bulk Plant Equipment 72 LPGas March 2010 www LPGasmagazine com
You must have JavaScript enabled to view digital editions.
