Case Overview
This case involves a worker at rubber making plant in North Dakota, who fell into a piece of mixing equipment and died as a result. At the time of the incident in question, the man had showed up for his evening shift at the factory on-time and, according to witness statements, sober. Nevertheless, following the accident the man’s managers claimed that he had been acting erratically, and that his breath smelled of alcohol. Nevertheless, it was later determined that at the time of the accident, the decedent’s BAC was well within the legal limit to operate heavy machinery. It was claimed that the small amount of alcohol in his system would not have impaired his ability to operate machinery in a safe manner.
