Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

Exercise 6

OSHA requires vehicles with an obstructed rear view to be equipped with a reverse signal alarm. Mr. Knight, an independent contractor working for Clarkson Construction, operated a Clarkson dump truck that had no warning signal but had an obstructed rear view. If an injury resulted to a pedestrian when Mr. Knight backed onto the highway, what liability would there be? What could OSHA do? What could the pedestrian do? What effect, if any, does Mr. Knight's being an independent contractor have? If Mr. Knight were also injured, could he recover? [ Clarkson Constr. Co. v. OSHA , 531 F.2d 451 (10th Cir. 1980).]