Thursday, August 17, 2017

Travelers Property Casualty Co. of America v. Christopher A. Klick; Rainy River Marina Inc. : the pollution exclusion applies and Travelers is not obligated to provide coverage in an incident in which carbon monoxide that flowed from a recreational fishing boat’s engine killed two men and injured a third

A Travelers Cos. Inc. unit is not obligated to provide coverage in an incident in which carbon monoxide that flowed from a recreational fishing boat’s engine killed two men and injured a third, because of its policy’s pollution exclusion, says a federal appeals court, in affirming a lower court ruling.

Christopher A. Klick and two friends, Lonnie Norbert and Jeffrey Wheeler, were aboard Mr. Norberg’s 25-foot fishing boat on Lake of the Woods in northern Minnesota in a boat that had been sold to Mr. Norberg a few weeks earlier by Baudette, Minnesota-based Rainy River Marine Inc. and a financial institution, according to Monday’s ruling by the 8th U.S. Circuit Court of Appeals in St. Louis in Travelers Property Casualty Co. of America v. Christopher A. Klick; Rainy River Marina Inc.

Mr. Norberg was at the boat’s helm, which was near the front of the boat in the wheelhouse, as the boat returned to shore, according to the ruling. The boat’s engine was housed in an enclosed compartment beneath the wheelhouse.

Mr. Norbert and Mr. Klick noticed the engine was not operating properly. Mr. Klick took the helm and Mr. Norberg opened the hatch of the engine compartment to check the engine.

Unbeknownst to either, an exhaust pipe had broken off at the spot where it connected with the engine, and as a result, the engine had been expelling carbon monoxide gas into the engine compartment rather than through the exhaust pipe and out behind the boat.

As result, when Mr. Norberg opened the engine compartment hatch from within the wheelhouse, carbon monoxide flowed up into the wheelhouse. Mr. Klick quickly lost consciousness and fell into the engine compartment. He awoke there several hours later severely burned and brain damaged from the carbon monoxide, although he survived; the gas killed Mr. Norberg and Mr. Wheeler.

Mr. Klick sued Rainy River and the financial institution, Grafton, North Dakota-based Choice Financial Group, in state court seeking damges for his injuries from the accident.

Rainy River held a marine general lability insurance policy from Hartford, Connecticut-based Travelers unit Travelers Property Casualty Co. of America at the time of the accident that required the insurer to pay damages resulting from bodily injury.

The policy included a pollution exclusion for injuries “arising out of” the “seepage, discharge, dispersal, disposal or dumping, release, migration, emission, spillage, escape or leakage” of pollutants into the “atmosphere.”

Travelers then sued Mr. Klick, Rainy River and Choice Financial in U.S. District Court in Minneapolis, seeking a declaration the policy did not cover Mr. Klick’s injuries because of the pollution exclusion.

The District Court granted Travelers summary judgment, which a three-judge appeals court panel unanimously upheld.

Mr. Klick argued the exclusion did not apply because his injuries did not arise out of the release, dispersal or migration of carbon monoxide into the “atmosphere,” in that the engine compartment did not contain “atmosphere,” said the ruling.

“Assuming for the sake of analysis that Klick is correct that the engine compartment did not contain ‘atmosphere,’ Klick’s injuries did not arise only out of the release of carbon monoxide into the engine compartment,” said the ruling.

“The movement of the carbon monoxide from the engine compartment into the wheelhouse was also a ‘release,’ ‘dispersal,’ or ‘migration’ of a pollutant,” the ruling said.

“The pollution exclusion is not limited to liability arising out of an initial ‘release’ of pollutant or a ‘dispersal’ or ‘migration’ of the pollutant from an original source,” the ruling said, in holding the pollution exclusion applies and Travelers is entitled to a declaratory judgment in its favor.


Lake of the Woods boating survivor tells of engine fumes killing two buddies
Christopher Klick said he was unconscious for hours as big waves tossed the boat on Lake of the Woods.

By Joy Powell Star Tribune
September 4, 2013 — 12:57pm

Christopher Klick awoke in pitch dark, disoriented and battered as the stalled boat bucked big waves on Lake of the Woods. He was pretty sure his two pals were dead on the deck nearby.

The boat’s engine-exhaust fumes must have somehow blown back into the partly enclosed deck as they were fishing Sunday evening, he said from a Grand Forks, N.D., hospital bed Tuesday.

“I woke up in the boat in the middle of the water with my two buddies dead, and the boat almost full of water,” said Klick, 43, of Crystal. “And I was able to drive it and navigate it back to shore.”

Autopsies by the Ramsey County medical examiner’s office reported that Klick’s friends — Lonnie Ray Norberg, 44, and Jeff Wheeler, 35, both of Champlin — died of accidental carbon monoxide poisoning.

“I don’t know how I made it,” Klick said. “I was out for four hours, and burned and bruised and battered from head to toe. I got a concussion. I can’t walk.”

They had been floating in Norberg’s 30-foot boat in the huge lake on the Canadian border. “The last time I remember it being was six thirty,” Klick said. “I went from being wide-awake to not remembering a thing, and waking up four or five hours later in the pitch black, freezing cold, drenched wet, bruised, burned and my knee swollen.”

Tall waves had violently rocked the boat, throwing him around the deck and into the engine, he said. Barely able to stand on torn knee ligaments, Klick managed to start the boat.

“I saw lights on shore, so I just drove to that area, where I saw the lights,” he said, adding that it took 10 or 15 long minutes.

He tried to call 911 with his cellphone. Sheriff’s dispatcher Cherie Anderson confirmed taking the call at 11:18 p.m. but said she could hear nothing on the line, except for a “glug, glug, glug” sound that she said sounded like water.

She called the phone company to try to learn who owned the cellphone.

Klick continued toward land, chilled to the bone.

“I flipped the spotlight,” he said. “Shining the spotlight on and off at this area where I saw there were people, and was on the horn of the boat, and got their attention before I got to shore, and was hollering out to them to call 911.”

Klick said he “ran the boat up onto the shore.”

Rescue workers arrived at 11:30 p.m. and found his two friends dead.

Tuesday night, Klick anguished over what went wrong. The boat has an inboard motor, he said. They were on the main part of the boat, on a fishing deck. The boat has a hard top, and where the helm is located is semi-enclosed but a person can walk all the way through.

“We were done fishing, and we were heading for shore. The wind was at our back, and there must have been just some kind of an exhaust leak or an exhaust malfunction, and there was enough exhaust in that engine area that it wasn’t escaping and it was able to blow up into the area that we were in,” Klick said.

“I don’t know, don’t have any answers,” he said Tuesday. “The wind was at 10 miles an hour, so there was wind. We were in an open area. It’s not like we were in a sealed area with a heater … so it’s just unbelievable. Unexplainable.”


Sheriff: Busted, jury-rigged exhaust system led to Lake of the Woods boating deaths
"A perfect storm" of dangerous factors turned lethal on Lake of the Woods Sunday night, officials say.

By Joy Powell Star Tribune
September 4, 2013 — 9:50pm

A deadly accident on Lake of the Woods on Sunday shows that even in an open boat, carbon monoxide can kill, authorities said Wednesday.

“A perfect storm” of dangers, including a busted exhaust pipe that was jury-rigged, combined to kill two men and nearly kill a third, said a sheriff’s dispatcher and an expert with the Minnesota Department of Natural Resources.

Found dead in a 25-foot cruiser on Sunday night were owner Lonnie Ray Norberg, 44, and Jeffrey E. Wheeler, 35, both of Champlin.

Their fishing buddy, Christopher Klick, 43, of Crystal, said that sometime after 6:30 p.m., he fell unconscious for at least four hours before awakening in pitch black with big waves tossing the boat on the huge lake, which straddles the border between Minnesota and Canada.

  Klick, badly battered and burned from the engine, managed to get the boat started and drive for 10-15 minutes toward lights on shore before running aground, he said in an interview Tuesday night from a hospital bed in Grand Forks.

The 1990 Baja cruiser had an inboard, 260-horsepower motor, dispatchers said. After the incident, the boat was towed from the Birch Beach area north of Williams to the Lake of the Woods County Sheriff’s Office. Deputies found part of the exhaust system broken.

An aluminum pop can was found shoved in one of the boat’s two exhaust pipes, apparently to plug water from washing back into the engine compartment, the sheriff’s office said.

“Somewhere between where it’s connected to the engine and where it goes out of the boat, it was broken,” a dispatcher said. “And they just left the one side dumping into the bilge area, but they put a pop can in the other side so the water wouldn’t come back in the boat.”

That forced exhaust fumes back into the engine compartment, officials said.

On the deck, an engine hatch known as a “doghouse” had been lifted off and not put back on, the sheriff’s office said. Fumes vented up through that opening.

The wind, estimated at 10 to 15 miles per hour by Klick and law enforcement officials, was at the men’s backs and apparently kept blowing the fumes at them as they sat on the main deck.

In front of the men, a hard top and windshield around the helm may have enabled fumes to collect, authorities said.

The water was rough Sunday night, Klick said, with waves 4 to 5 feet high.

Carbon-monoxide symptoms resemble seasickness, said Kara Owens, DNR boat and water safety specialist.

“Any passenger on really any boat with a motor or generator can be a victim of carbon monoxide poisoning, and unfortunately, this is just a tragic reminder that these dangers can happen when you least know it,” Owens said.

“Carbon monoxide is an odorless, tasteless gas, and it can be toxic in very small quantities.”

MANY NAMES AND NO BRAIN: 17-year-old Antonio Jarrod Victor Simon, of Streetsboro, OH electrocuted and fell about 30 feet to the ground after climbing a transmission tower supporting high-voltage power lines at Gorge Metro Park in Acron, Ohio

By The Associated Press

Posted Aug 16, 2017 at 8:41 AM

AKRON, OHIO — Investigators say an Ohio teenager was electrocuted and fell about 30 feet (9.14 meters) to the ground after climbing a transmission tower supporting high-voltage power lines.

The power lines carry about 23,000 volts of electricity, the Akron Beacon Journal reported.

A coroner identified the boy Tuesday as 17-year-old Antonio Jarrod Victor Simon, of Streetsboro. Police said he died Monday at a park in Akron.

A spokesman for FirstEnergy Corp. said the teen’s death was tragic and reminds people to stay away from dangerous equipment.

Another moronic idiot bites the dust.  Darwin's theory at play here.  If all the idiots of the world did the same the thing, this would have been a wonderful world.  Wishful thinking, but we are allowed to dream!


A 17-year-old Streetsboro boy was electrocuted around 2 p.m. Monday when he climbed an Ohio Edison transmission tower at 1060 Front St. at Gorge Metro Park in Akron, authorities said.

The Summit County Medical Examiner’s Office identified the victim late Tuesday afternoon as Antonio Jarrod Victor Simon.

Simon fell about 30 feet to the ground and was pronounced dead at the scene.

The power lines there carry about 23,000 volts of electricity.

FirstEnergy Corp. spokesman Mark Durbin said it’s a tragic situation.

“We tell people all the time to stay away from our equipment,” he said Tuesday.

The transmission tower isn’t the only illegal and dangerous climbing attraction at Gorge Metro Park.

Since mid-July, Summit Metro Parks rangers have been handing out $150 citations to people who go off-trail to climb the High Level Bridge, which stands more than 200 feet over the Cuyahoga River. In the first three weeks, 13 fines were issued.

Park officials were unavailable Tuesday to answer questions about the Monday incident, parks spokesman Nate Eppink said.

Akron police are investigating, he said.

Copper thief Daniel Dean electrocuted to death as he was trying to steal metal from No Ones’ Car Lot in Moraine, Ohio

Police: Man electrocuted while stealing copper from Moraine business

By Dana Smith
Updated: August 16, 2017, 5:30 pm

MORAINE, Ohio (WDTN) – A 28-year-old Clermont County man is dead after police say he was electrocuted while trying to steal copper wire from Moraine car lot.

Sgt. John Spencer of the Moraine Police Department says a woman pulled up to Kettering Medical Center with Daniel Dean in the car. Medics pronounced him dead.

Spencer said the duo was trying to steal metal from No Ones’ Car Lot on West Dorothy Lane. They didn’t realize the wire was live.

“That shows you just dangerous this stuff can be – especially with electricity,” Spencer said.

At the scene, Wednesday morning, car salesman Stan McKnight says he was shocked by what he saw when he came to pick up some cars.

“I was a little shocked that I came to pick up something that I can’t move because it’s now a crime scene,” McKnight said. “We keeps our Volkswagens here and our Audis, too.”

The owner of the car lot did not want to talk on camera but said this is the first time something like this has happened.

Daren Bowling, the owner of a neighboring business said he hopes the incident can serve as a deterrent to future, would-be thieves.

“I don’t want nobody getting unfortunately killed for stealing copper,” Bowling “But you take that chance when you breaking into somebody’s business and try to take their stuff.”

Spencer says the woman who drove to the hospital could face charges of breaking and entering. He said Dean does have a criminal history.

“It’s fairly common especially with the drug epidemic that we have in the county, currently,” Spencer said. “Pretty much anything that can be sold can be stolen fairly easily and that’s usually one of the things that people focus on.”

Police believe another person may have been involved in the incident. They’re still trying to find that person.

Moron in Moraine: Milford man Daniel Dean dies attempting to steal copper from Moraine business. Contributed photo

UPDATE @ 1:10 p.m.

The burglary suspect killed in Moraine is identified as Daniel Dean, 22, of Milford, Ohio. There’s no preliminary cause and manner of death yet, but police say it’s likely electrocution.

UPDATE @8:25 a.m.

Police officials said a man is dead after he was electrocuted while trying to steal copper from a Moraine business.

A man and woman were inside the No Ones Car Lot attempting to steal copper, police said. The woman was able to get the man to a car and was taking him to the hospital when they were stopped by Kettering police for speeding.

The man had already died, police said.

Police are working to talk to the owner of the vehicle that was used in the break-in, along with the woman involved.

This story will be updated as additional information becomes available.


A person is dead and police are working to determine if the death is connected to a break-in at a Moraine business.

Police said someone dropped off a person at Kettering Hospital, and that person died. The person who dropped off the deceased said they were in the area of Dorothy Lane in Moraine.  

Police responding to the area found evidence of a break-in at the No Ones Car Lot in the 2200 block of West Dorothy Lane.

The business owner told our news crew there is evidence someone got electrocuted inside.
We are working to gather additional details.

Tuesday, August 15, 2017

OSHA cited Delair-based Aluminum Shapes LLC for 51 safety and health violations and proposed penalties of $1,922,895

July 21, 2017
Aluminum manufacturing company’s history of safety violations continues,
putting employees at Camden County facility at risk of serious injuries
Aluminum Shapes’ 10th inspection since 2011 yields $1.9M in penalties

DELAIR, N.J. – The U.S. Department of Labor’s Occupational Safety and Health Administration has again cited a Camden County aluminum manufacturing company with a long history of noncompliance with OSHA standards – this time for 51 safety and health violations and proposed penalties of $1,922,895.
OSHA initiated its inspection of Delair-based Aluminum Shapes LLC on Jan. 23, 2017. Since 2011, the agency has inspected the facility eight times, cited the employer for 60 violations and assessed $516,753 in penalties.

During its 2017 inspection, OSHA inspectors learned that two employees were hospitalized as a result of separate workplace incidents. The first incident occurred when employees entered a tank to drain residual sludge containing dehydrated sodium hydroxide, aluminum oxide and decomposed metal. After reporting to their supervisors that they were experiencing chemical burns to their skin and attempting to wash off the chemicals, employees were directed to re-enter the tank, where they suffered further chemical injuries, resulting in the hospitalization of one employee.

The second incident occurred when a machine operator suffered a broken pelvis after being caught between the unguarded moving parts of a metal fabrication machine.

OSHA issued willful citations due the company’s failure to:
  • Provide appropriate personal protective equipment.
  • Conduct air monitoring prior to permit-required confined space entry.
  • Have an attendant during permit-required confined space entry.
  • Complete a required confined space entry permit to identify, evaluate and control hazards in the space.
  • Provide confined space training.
  • Utilize proper Lockout/Tagout (Control of Hazardous Energy) Procedures
  • Provide workers with locks and hardware to lock out equipment being serviced, maintained, or repaired.
  • Lack of specific procedures for the use of blocking devices
  • Utilize group lockout procedures.
  • Train workers in Lockout/Tagout
“Despite its lengthy OSHA history, Aluminum Shapes still does not comply with federal safety and health standards,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “These hazards leave workers vulnerable to the risk of serious injury and possible death.”
OSHA also cited the company for repeat violations, including fall hazards, lack of stair rails and machine guarding, and electrical hazards. The company also received serious citations for inadequate ladders, inappropriate respiratory and hearing protection, insufficient entry permits, and lack of machine guarding and hazardous chemical training. Other-than-serious violations included the company’s failure to record each injury on its injury log.
“Aluminum Shapes’ extensive list of violations reflects a workplace that does not prioritize worker safety and health,” says Robert Kulick, OSHA’s regional administrator in New York. “The company can more effectively protect its workers by implementing a comprehensive safety and health management system.”
The citations can be viewed at:
Aluminum Shapes manufactures aluminum parts used by several industries, including distribution, building and construction, transportation, electrical, automotive, machinery and equipment, as well as durable consumer goods. The company has 15 business days from receipt of its citations and proposed penalties to contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the nearest OSHA Area Office.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful working conditions for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit

 Aluminum Shapes LLC

Fully Integrated With the Widest Range of Services Available Under One Roof

At Aluminum Shapes, we start the production process by melting scrap and primary ingot to cast billets from seven to sixteen inches in diameter. The billets are then extruded in small, medium, and large presses. At this point, many extruders see their job as done while our value is just beginning.
Shapes punches holes, precision cuts, forms and even welds using over 200 pieces of fabrication equipment. For high volume jobs we use custom machines for optimal efficiency.
All of these services under one roof. One supply chain and one company responsible for all phases of quality and service. For large OEM customers, Shapes employs highly experienced VA VE engineers adept at working with your managers and engineers on cost down projects – die redesign, scrap reduction, handling solutions, and outsource fabrication.
With six (6) high tonnage presses – more than any other North American manufacturer – Shapes can produce and ship over 60 metric tons of extruded aluminum annually in a wide range of press diameters and alloys. Additionally, Shapes has the capacity to cast more than 182 metric tons of aluminum log annually in a wide range of sizes and alloys.
As a fully integrated company, Shapes offers the widest range of production and distribution capabilities in the industry including:
  • Billet Casting
  • Remelt
  • Extrusion
  • Die Support
  • Fabrication
  • Finishings
  • Aluminum Anodizing
  • Engineering Design Support
  • Shipping and Distribution
From its 267,020 square meter, wholly owned state-of-the-art facility, Shapes operates a highly efficient manufacturing and distribution operation with centralized administration, marketing, and customer service. Combined with our on-site engineering staff, technical support and quality assurance procedures, we can provide our customers with more rapid order fulfillment, higher quality, and better on time delivery performance. Backed by these capabilities and significant infrastructure investments over the last decade, Shapes has created one of the most comprehensive soft alloy aluminum extrusion facilities in North America.

OSHA cited Great White Construction Inc., based in Jacksonville, Florida with 14 violations and proposed penalties totaling $1,523,710.

U.S. Department of Labor

Aug. 9, 2017

North Florida Roofing Company Cited Again for Workplace Safety Hazards
OSHA Has Investigated Great White Construction a Dozen Times Since 2012

ST. AUGUSTINE, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has again cited a North Florida roofing contractor for failing to protect its workers from the risks of dangerous falls and other hazards at two St. Augustine work sites.

On Feb. 3, 2017, an OSHA inspector observed employees – without the use of proper fall protection – removing shingles and plywood sheeting from the roof of a multi-story residential structure in the city’s Crescent Beach area. Although the employees wore harnesses, they were not tied off to the rope grabs and roof anchors. After noticing other Great White employees working under similar conditions at a nearby site, a second inspection was initiated immediately as part of OSHA’s regional enforcement program for falls in construction.

OSHA cited Great White Construction Inc., based in Jacksonville, with 14 violations and proposed penalties totaling $1,523,710. Given the employer’s extensive prior history of violations and OSHA’s egregious citation policy, the agency issued 11 separate willful citations for failing to protect employees from fall hazards. OSHA also cited the company for three repeat violations for failing to ensure employees used eye protection while operating nail guns and for ladders used to access roof sites, again exposing employees to fall hazards.

“In the past five years, Great White Construction’s series of willful, serious, and repeat violations has demonstrated indifference towards the safety of their employees,” said OSHA Regional Administrator Kurt Petermeyer. “The company allowed their employees to work without fall protection and made no reasonable effort to eliminate the hazard.”

As a result of these investigations and citations, Great White is now in OSHA’s Severe Violator Enforcement Program due to high-gravity willful, egregious violations related to fall hazards.

OSHA has investigated Great White 12 times since 2012, and issued 22 citations related to improper fall protection, ladder safety, and eye protection.

Click here and here for the recent citations that OSHA issued to Great White.

Great White specializes in residential and commercial roofing. The company’s workforce consists of approximately 150 employees.

The company has 15 business days from receipt of its citations and proposed penalties to contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities, or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Jacksonville Area Office at 904-232-2895.