FALLDOWN – PREMISES ACCIDENT – OIL DELIVERYMAN SLIPS ON PATCH OF OIL AT NEW JERSEY REFINERY – BACK INJURY REQUIING FUSION SURGERY
FACTS: This accident took place at Defendant’s oil refinery. Plaintiff, a 28-year old deliveryman, claimed that he tripped and fell on a patch of oil while making a delivery at the refinery. Plaintiff cliaimed that the Defendant did not properly maintain the area, and claimed that it was a hazardous work site, in violation of OSHA regulations. Plaintiff introduced testimony of a retired worker who contended that Defendant did not follow the OSHA rules and regulations concerning oil spills on the premises. An accident report filed on the day of the accident noted that Plaintiff was wearing oil resistant shoes, as required.