The press is taking notice of the win secured by the Pels Law Firm on July 22nd in the Virginia Supreme Court. The website Law360 has published an article covering the case and the decision handed down by the Virginia Supreme Court Thursday. Here is an excerpt:
Brian Potter filed suit in July 2017. In his amended complaint, he said his son was a seasonal worker at a Leesburg, Virginia, stone mine operated by Luck Stone. Daniel Potter died because of the material that fell on him on Aug. 3, 2015. His body was not recovered until the following day, according to the complaint.
Brian Potter’s attorney, Jon D. Pels, a managing partner at the Pels Law Firm LLC, said he looked forward to taking the case to a jury.
“This was a very complicated civil litigation matter, and we obviously believe the Supreme Court got it correct,” Pels said in a statement given to Law360. “I hope the decision brings clarity to this area of law and helps future individuals who are injured or killed in tragic accidents like this.”
In determining the legal definition of the rock crusher, the justices noted that equipment and machinery are subject to regular maintenance and inspections. Justice Powell said that BFK “exerted control” over the maintenance and installations of similar Buell Classifiers in a way that made it seem to be equipment.
You can read the entire article at the Law360 website.