11th Circ. Boots Suit Over Utilities Co.'s Trench Digging

Law360, Los Angeles (July 24, 2013, 6:16 PM EDT) -- The Eleventh Circuit ruled Wednesday that ComTran Group Inc. shouldn't be penalized for unsafe trench digging by a supervisor, holding that the communications utilities company didn't automatically know about the alleged violations just because the worker had a supervisory role.

A three-judge panel said that there's a distinction between a supervisor's knowledge of a subordinate's misconduct, which can be imputable to an employer, and the supervisor's knowledge of his own misconduct. In the case of the ComTran trench digging, the supervisor wasn't acting as the eyes...
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