"Exclusive Remedy" in the Tank: A Sad Missouri Saga - Posted by Jon Coppelman, Workers Comp Insider
The facts in this sad story aligned pretty dramatically against Kennon Ready Mix:
- the tank was cannibalized from a decrepit, 30 year old vehicle rusting in the yard
- Smith was not a certified welder
- Smith admitted to having 'poor vision' - which he corrected with '$2.00 reading glasses'
- evidence showed that the welding job was completely incompetent
- the metal in the tank was so corroded, not even a skilled welder could have fixed it
- Smith apparently told Burns to 'drive the truck until it blows.'
When asked how he was able to complete the welding job despite his poor vision, Smith described his approach to the work as 'kind of a feeling in the dark thing.'