Beckstedt Sustains Dismissal on Plaintiff’s Appeal

November 2002: Attorney Beckstedt Sustains Dismissal on Plaintiff’s Appeal to Third Circuit. The Plaintiff in this case was a telephone crewman who was severely injured when he was pulled from a bucket truck as a result of telephone cable coiling around him after a length of it was caught in the rear wheel of a passing car. The Plaintiff brought suit against his employer on grounds that his employer intentionally injured him by refusing to assign a sufficient number of crew to perform the post-hurricane repairs. On behalf of the employer-defendant, Attorney Beckstedt successfully obtained summary dismissal of the claim by establishing that there was no evidence to support an intentional tort. The employee appealed raising a new argument on appeal. In a published decision, the Third Circuit affirmed the dismissal of Mr. Beckstedt’s client refusing to address the untimely appellate issue.

Categories: Case Results