3/19/2023 0 Comments Schnell transloader hydraulics![]() Cote went down to inspect the railcar's sliding gate, while Spencer and Jones remained at the rear side of the transloader. At around 6:30 pm, Cote, Spencer, and Jones were unloading a railcar when the wet sand inside clogged, preventing it from gravity-feeding from the railcar to the transloader. Although it was neither raining nor snowing, all railcars that Cote unloaded that day contained wet sand. On the day of the accident, Cote was unloading sand with his Shale Rail coworkers Caleb Spencer and Mitchell Jones. To extract wet, clogged sand from a railcar, Cote and his coworkers had to reach inside the railcar and manually dislodge the sand. ![]() Under ideal conditions, Cote used the transloader to open a sliding gate on the bottom of the railcars, out of which sand flowed freely-a process known as "gravity feeding." But if the sand inside a rail car became wet, it would not always flow freely onto the transloader (i.e., it would not "gravity feed"). At the time, Cote worked for Shale Rail, transferring frac sand from railcars to tractor-trailers using a piece of equipment called a transloader. The accident occurred on Februat the transfer yard in Wysox, Pennsylvania owned and operated by Shale Rail, LLC, a subsidiary of Northeast Freight Transfer, Inc. For this reason, as further explained below, the motions for summary judgment are denied. Silica's crossclaim against Norfolk Southern. However, the evidence presented establishes genuine factual disputes on the issues material to Cote's claims against Schnell, FB Industries, and U.S. Norfolk Southern likewise filed a motion for summary judgment as to U.S. Silica moved for summary judgment on the claims brought by Cote. Silica also filed a crossclaim against Norfolk Southern for contribution.Īfter concluding discovery, Schnell, FB Industries, and U.S. Cote brought two products liability claims against Schnell and FB Industries, sounding in negligence and strict liability, and separate negligence claims against U.S. Silica's sand from its quarry to Cote's worksite. Silica Company, the owner of the quarry where the sand originated and (4) Norfolk Southern Corporation, the company that transported the U.S. After the accident, Cote filed suit against four defendants: (1) Schnell Industries, the manufacturer of the machine (2) FB Industries, Schnell's exclusive distributor in North America and the company that sold the machine to Cote's employer (3) U.S. In February 2016, Dayton Cote nearly lost his hand while operating a large, industrial machine used to transport frac sand. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
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