Jason Elkins, an employee at TDY Industries, LLC, was injured while operating a Dalmec manipulator machinery in 2013. This machine, intended to lift and pour heavy powder drums, malfunctioned, striking him twice. A key safety feature, designed to limit the height of the arm, was implicated. Post-accident investigations revealed that the machine's height setting contributed to the incident and raised concerns about a potential false sense of security given to operators due to its safety features.
Elkins pursued a workers' compensation case against TDY and alleged that co-employees tampered with a safety device, causing his injuries. Together with his wife, Paula, they accused specific TDY employees of negligence, alleging that they either removed or neglected essential safety equipment. The Elkinses filed a multifaceted complaint against TDY and some unidentified defendants. Their claims ranged from negligence causing severe injuries to Jason, combined negligence from unknown and known parties, to breach of contract or warranty. The Elkinses also targeted Farmington Casualty Company and Sedgwick Claims Management Services, Inc., alleging outrage and conspiracy against them alongside TDY.
The trial court dismissed multiple counts from their complaint and favored the co-employees in one count. The Elkinses subsequently appealed. However, this appeal faced a jurisdictional challenge. It was argued that the appeal stemmed from an order not finalized, with potential finality achievable via Rule 54(b) certification. The case was sent back to the trial court to determine its finality, with a stipulation that failure to act within 21 days would lead to the appeal's dismissal.
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