The federal district court in South Carolina reached a decision in a case, Humphrey v. Day & Zimmerman Intern Inc., 997 F. Supp. 2d 388 (2014), regarding when an individual’s intervening actions take the potential claim of negligence away from the original party, thus preventing them from seeking compensation from someone else.
In the case, the plaintiff was working as an employee at a chemical plant when the defendant’s employees who were working as contractors accidentally and negligently severed a pipeline containing a hazardous chemical called Acrylonitrile (“AN”). During the course of removing the damaged AN line, an employee of the chemical factory, the plaintiff, was exposed to AN and became severely injured as a result. The employee sued the contract company whose employees severed the line for negligence, seeking monetary damages for his injuries, inability to work, and so forth.
The employee was trained in proper techniques to minimize the potential chance of exposure to the chemical.