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DANIELS v. U.S.

No. 91-1042.

967 F.2d 1463 (1992)

J. Kent DANIELS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 25, 1992.

Attorney(s) appearing for the Case

Jean E. Dubofsky, Williams & Trine, P.C., Boulder, Colo. (William A. Trine, Williams & Trine, P.C., with her on the brief), for plaintiff-appellant.

Elizabeth A. Strange, Trial Atty. (Stuart M. Gerson, Asst. Atty. Gen., Phyllis J. Pyles, Asst. Director, Michael J. Norton, U.S. Atty., with her, on the brief), U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before BRORBY and McWILLIAMS, Circuit Judges, and ALLEY, District Judge.

ALLEY, District Judge.

On September 11, 1984, plaintiff, while working in a lumber mill, was seriously injured when an end blade on a trimmer saw flew off its motor shaft, went through a wire mesh screen, and hit him on the legs. Plaintiff's employer was issued a citation by the Occupational Safety and Health Administration ("OSHA") for violating 29 C.F.R. § 1910.265(e)(4)(ii)(b), the regulation that pertains to the guarding required for end blades on trimmer...

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