Appeals court upholds ruling on injury at Grand Gulf

Published 11:24 am Wednesday, August 15, 2012

Grand Gulf Nuclear Station and its parent company are not liable for injuries suffered by a journeyman carpenter who fell from scaffolding inside the power plant in 2008, the Mississippi Court of Appeals ruled Tuesday.

David McSwain was injured Oct. 7, 2008, when he stepped back off scaffolding in one of the plant’s condensers and fell 32 feet to the floor, according to court records. McSwain was wearing a scissor-type safety harness, but the device did not stop his fall.

The suit does not say if the harness malfunctioned or was hooked improperly.

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In his suit, McSwain contended he was injured because Grand Gulf supplied him with the faulty safety harness, but the court ruled McSwain was responsible for inspecting the harness before he used it.

While working at Grand Gulf, McSwain was an employee of Stone & Webster Construction, and both he and the construction company were independent contractors, the court of appeals ruled. Under state law, companies are immune from liability for injury to independent contractors so long as the contractor maintains control of the work site.

The safety harness was purchased by Entergy but was for the sole use of Stone & Webster employees, so that company and its employees were responsible for ensuring that the equipment worked, the court ruled.

Entergy also did not have to warn McSwain of the dangers associated with working at the power plant because of his status as an independent contractor and an experienced carpenter, the appellate court ruled.