United States Seventh Circuit

In an action brought by OSHA for willful violation of regulations, district court judgment against defendant is reversed and remanded where: 1) the jury was given an improper corporate knowledge instruction that erroneously omitted qualifying language; and 2) the court erred in giving the jury a conscious avoidance instruction as the evidence was not sufficient to support the instruction. The court properly excluded evidence of a similar 1979 fatality.

Appellate Information

• Argued 02/26/2008
• Decided 04/10/2009
• Published 04/10/2009

Judges

• SYKES, Circuit Judge., Before KANNE, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Eric Sussman (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Corey B. Rubenstein (argued), Stetler & Duffy, Chicago, IL, for Defendant-Appellant.