Prima facie case of negligence; Case v. Consumers Power Co.; Applicable Federal Mine Safety & Health Administration (MSHA) regulations; 30 CFR §§ 56.14101(a)(1) & (3); §§ 56.14100(b) & (c); Causation; Skinner v. Square D Co.; Craig v. Oakwood Hosp.

[Unpublished opinion.] Holding that there was a genuine issue of material fact whether the accident could have been avoided had defendant-C. Forrest Aggregates (who was warned that the brakes were bad) inspected the machine before requiring the injured employee (Proctor) to operate it fully loaded on an incline, the court concluded that the trial court properly denied defendant’s motion for summary disposition and a directed verdict. Following a jury trial, Proctor’s estate was awarded $140,636.48 in economic and noneconomic damages for injuries he sustained while working in defendant’s gravel mine. The accident occurred while he was operating a “Moxy machine,” a six-wheel off-road dump truck. Defendant argued on appeal that there was insufficient evidence of causation. A retired safety inspector testified that “under the MSHA regulations, defendant was required to remove a machine with known defects from service until it could be inspected and repaired.” The mine manager acknowledged that it was “defendant’s responsibility to maintain the brakes on a machine so that it can stop and hold on the steepest grade the machine is working on.” A mine supervisor testified that “the owner of the Moxy machine told him to ‘watch the brakes.’ He understood this warning to mean that there might be a little air in the brake system. Although the owner of the Moxy machine did not recall this conversation, the evidence must be viewed in a light most favorable to plaintiffs and questions of material fact are reserved for the jury to decide.” Proctor testified that “when he was driving the machine to the gravel mine, the brakes felt ‘spongy,’ meaning that the brakes did not ‘take right a hold’ and he had to push them to the floor.” He also testified that “he pushed the brakes all the way to the floor when the machine began rolling down the hill at the mine,” but they did not take hold. The certified mechanic (KB) who serviced the machine after the accident, and N, plaintiffs’ mechanical expert, testified “that ‘spongy’ brakes indicate that there is air in the brake lines,” and KB testified that he bled air out of the brakes. Although KB could not recall how much air he bled out, N testified that “any amount of air in the brake lines is an issue.” Affirmed.