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| | Michael Park v. Burlington Northern Santa Fe Railway Company, duty of care, peculiar risk (Site not responding. Last check: 2007-11-03) |
 | | In this case, Burlington hired Consolidated, a hazardous waste disposal company, to dispose of Burlington's hazardous waste, and Park was injured during the course of that work for Consolidated. |
 | | Park contended that Burlington had a nondelegable duty in the packaging of the batteries to prevent explosions, was directly negligent because it failed to decommission the batteries before offering them for transport, Consolidated was an agent to Burlington, and Burlington owed a duty to Park as the employee of its agent. |
 | | The Court held, however, that the generator of hazardous waste was not liable to an employee of a subcontractor who is employed to dispose of the hazardous waste unless it was shown that the generator's conduct affirmatively contributed to the employee's injuries. |
| www.lowball.com /WEEKLY/05-15-03.htm (554 words) |
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