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CASH-DARLING v. RECYCLING EQUIPMENT, INC.

No. 22-5346.

62 F.4th 969 (2023)

Terry CASH-DARLING, as Personal Representative of the Estate of Paul Cash, Decedent, Plaintiff-Appellant, v. RECYCLING EQUIPMENT, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Michael J. Wall , BRANSTETTER, STRANCH & JENNINGS, PLLC, Nashville, Tennessee, for Appellant. Catherine A. Karczmarczyk , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Johnson City, Tennessee, for Appellee. ON BRIEF: Michael J. Wall , Janna Maples , BRANSTETTER, STRANCH & JENNINGS, PLLC, Nashville, Tennessee, John C. Duff , Marion M. Reilly , HILLIARD MARTINEZ GONZALES LLP, Corpus Christi, Texas, for Appellant. Catherine A. Karczmarczyk , Ronald S. Range, Jr. , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Johnson City, Tennessee, for Appellee.

Before: GILMAN, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

Paul Cash died when a hammermill shredder exploded at his workplace. The Tennessee Occupational Safety and Health Administration (TOSHA) determined that the explosion was primarily caused by the accumulation of combustible aluminum dust produced by the shredding process. Cash's sister, Terry Cash...

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