Jan 2011 · Indiana, United States
Steel company owed no duty to motorist hit by night-shift mill worker who likely fell asleep driving home
A labor team leader at a steel company's mill worked a roughly 11-hour night shift (7:04 pm to 5:51 am), typical of hours he had worked five to six days a week for about three years, after about four and a half hours' sleep. At about 6:10 am, driving home, his car crossed the center line and hit an oncoming car head-on; he has no memory of the crash and assumes he fell asleep. The motorist suffered severe, permanent injuries, and her guardian argued the company owed a duty because it let him work long hours on consecutive days without a fatigue policy or training. The Indiana Court of Appeals affirmed summary judgment for the company, holding it owed no duty: the harm was foreseeable, but the relationship and public policy factors favored the employer, and limits on working hours were a matter for employers or the legislature.
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