Cieplinski v. Caldwell Electrical Contractors, Inc.

633 S.E.2d 646, 280 Ga. App. 267, 2006 Fulton County D. Rep. 2229, 2006 Ga. App. LEXIS 825
CourtCourt of Appeals of Georgia
DecidedJuly 5, 2006
DocketA06A0596
StatusPublished
Cited by14 cases

This text of 633 S.E.2d 646 (Cieplinski v. Caldwell Electrical Contractors, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cieplinski v. Caldwell Electrical Contractors, Inc., 633 S.E.2d 646, 280 Ga. App. 267, 2006 Fulton County D. Rep. 2229, 2006 Ga. App. LEXIS 825 (Ga. Ct. App. 2006).

Opinions

Andrews, Presiding Judge.

While working for Grove River Mills, Inc. (GRM), Mariusz Cieplinski accidentally stepped into an uncovered section of a moving conveyor used to transport corn and other animal feed material into the GRM feed mill. His leg was pulled into the conveyor, and he suffered a serious injury requiring amputation of the lower portion of the leg. Cieplinski received workers’ compensation benefits from GRM for the job-related injury, then sued Henning Construction Company, Caldwell Electrical Contractors, Inc., and Fred Fairchild as third-party tortfeasors alleging that they proximately caused his injury by negligently installing the conveyor or negligently making subsequent improvements to the conveyor. Cieplinski appeals from the trial court’s grant of summary judgment in favor of all the defendants. For the following reasons, we affirm.

To prevail on a motion for summary judgment [under OCGA § 9-11-56 (c)], the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. The moving party may carry this burden either by (1) presenting evidence negating an essential element of the nonmoving party’s claim, i.e., affirmatively disproving the element with evidence which makes it impossible for the nonmoving party to prove the element at trial; or (2) demonstrating an absence of evidence to support an essential element of the nonmoving party’s claim. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. On appeal, we review de novo the trial court’s ruling on a motion for summary judgment, construing all facts and reasonable inferences therefrom in the light most favorable to the nonmovant.

(Citations, punctuation and emphasis omitted.) Parks v. Multimedia Technologies, 239 Ga. App. 282, 286-287 (520 SE2d 517) (1999); Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

Applying these standards, the record shows the following: The feed conveyor in which Cieplinski was injured was manufactured by [268]*268Schlagel, Inc.1 and installed by Henning Construction when Henning constructed the feed mill for GRM about two years prior to the injury. Fairchild, an engineer and a professor in the Department of Grain Science and Industry at Kansas State University, was hired by GRM as a consultant during the construction process to advise on feed mill design. As installed, the conveyor ran from the feed receiving area into the feed mill by means of a 107 foot long underground tunnel, which was accessible from both ends to allow inspection and maintenance on the conveyor. After the conveyor was installed, GRM hired Caldwell Electrical to put additional lighting in the tunnel.

On the day of the accident, Cieplinski testified that he noticed what appeared to be excessive dust coming from the conveyor tunnel, so he climbed down a ladder into the tunnel at the access on the feed mill end of the tunnel to inspect the conveyor while it was running to determine where the dust was coming from. Cieplinski knew that the tunnel was completely dark unless the lights installed in the tunnel were switched on. When he could not find a light switch in the tunnel on the feed mill end, he exited the tunnel at that end and asked someone at GRM where the light switch for the tunnel lights was located. He was told that the only light switch was at the other end of the tunnel at the access located in the feed receiving area. Although the tunnel had been built by Henning Construction with access at both ends, at some point after the conveyor was installed by Henning Construction, and after Caldwell Electrical installed additional lighting in the tunnel, GRM blocked access to the tunnel from the feed receiving end. GRM did this by closing the feed receiving access to the tunnel with a chain that could only be unlatched from inside the tunnel. Cieplinski testified that, because he was prevented by the chain from gaining access to the tunnel from the feed receiving end where the light switch was located, he got a flashlight and entered the darkened tunnel from the feed mill end with the intention of walking the length of the tunnel to reach the light switch at the other end. As Cieplinski stated at his deposition, “That way I could get better lighting inside the tunnel to see where the dust was coming from.”

Cieplinski testified that, although he was aware there was a method by which he could have turned off the conveyor and locked it in the off position while he was in the tunnel, it was necessary for him to enter the tunnel with the conveyor running because that was the only way he could tell where the dust was escaping from the conveyor system. There is no evidence that the dust created a hazard at the [269]*269feed mill or that the conveyor was not functioning properly when Cieplinski went into the tunnel. Cieplinski testified that he was concerned about the dust because “[i]t was more of an appearance look for the owners if they come in so it won’t look kind of dirty and dusty.” He told his boss that he was going into the tunnel to see where the dust was coming from, but he could not recall what his boss said in response.

Cieplinski walked along the tunnel across a concrete-floored access space with the conveyor to his immediate left elevated about two feet above the floor. Although there was dust in the tunnel that interfered with visibility, Cieplinski said he could see where he was going with the aid of the flashlight until he got about halfway through the tunnel, at which point the dust worsened and made it difficult to see. He considered going back, but decided he was close enough to the feed receiving end of the tunnel that he would try to find the light switch and then unlatch the chain and climb out of the tunnel at the feed receiving access. As he continued along the tunnel, Cieplinski said he could still see the conveyor immediately to his left. Evidence showed that the feed conveyor, as manufactured by Schlagel and installed by Henning Construction, was guarded by metal covers on all four sides. With the use of a tool, the metal cover on the top of the conveyor could be removed in sections, if necessary, to inspect and maintain the conveyor. The conveyor cover was labeled with warnings provided by the manufacturer stating: “CAUTION. COVERS and GUARDS are furnished for your SAFETY to avoid personal injury. They must be securely fastened in place before operating this equipment.” Cieplinski testified that, as he walked along the tunnel, he could see that the sections of the top cover were in place on the moving conveyor. In fact, Cieplinski testified that he was told prior to the accident that it was GRM’s policy to always keep the covers on the conveyor as a safety precaution.

As he approached the feed receiving end of the tunnel, Cieplinski encountered a tall pile of corn grain on the concrete floor in his path. Because of the increasingly heavy dust in the tunnel at that point, Cieplinski was unable to see that the section of cover on top of the conveyor adjacent to the pile of corn had been removed. Cieplinski testified at his deposition as follows:

Q: As you got to this pile of grain toward the end of the tunnel, when did you notice that there was no cover on [the conveyor]?
A: I could not see.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

TRACIE WILSON v. ALLIED PAVING CONTRACTORS, INC.
Court of Appeals of Georgia, 2024
Georgia Commercial Stores, Inc. v. Daniel T. Forsman
803 S.E.2d 805 (Court of Appeals of Georgia, 2017)
George v. Hercules Real Estate Services, Inc.
795 S.E.2d 81 (Court of Appeals of Georgia, 2016)
Edwards v. Campbell
792 S.E.2d 142 (Court of Appeals of Georgia, 2016)
Holmes v. Grubman
568 F.3d 329 (Second Circuit, 2010)
Meadows v. Diverse Power, Inc.
675 S.E.2d 571 (Court of Appeals of Georgia, 2009)
Kline v. KDB, INC.
673 S.E.2d 516 (Court of Appeals of Georgia, 2009)
Sutton v. Justiss
659 S.E.2d 903 (Court of Appeals of Georgia, 2008)
La Quinta Inns, Inc. v. Leech
658 S.E.2d 637 (Court of Appeals of Georgia, 2008)
Smith v. Dabbs-Williams General Contractors, LLC
653 S.E.2d 87 (Court of Appeals of Georgia, 2007)
Holmes v. Grubman
456 F. Supp. 2d 508 (S.D. New York, 2006)
In Re WorldCom, Inc. Securities Litigation
456 F. Supp. 2d 508 (S.D. New York, 2006)
Cieplinski v. Caldwell Electrical Contractors, Inc.
633 S.E.2d 646 (Court of Appeals of Georgia, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
633 S.E.2d 646, 280 Ga. App. 267, 2006 Fulton County D. Rep. 2229, 2006 Ga. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cieplinski-v-caldwell-electrical-contractors-inc-gactapp-2006.