Man falls in General Motors bathroom and dies, family trying to sue
Tue, 22 Mar 2011 14:22:03 GMT —
Update: March 22, 2:20 p.m.
NBC25 spoke with General Motors spokesperson, Tom Wilkinson, over the phone. Wilkinson states, "Obviously this was a very tragic sitution, but the courts have consistently ruled that it was not eligble for compensation."
Now that the Michigan Supreme Court has declined to hear the case, General Motors believes the legal process is complete.Update: March 22, 11:25 a.m.
We were able to track down the report from the Michigan Supreme court, which gives more information in this case.
At the time of the fall, no one apparently saw the accident. Harris died three days later from the injuries.
The Michigan Supreme Court case information states that Harris' family couldn't prove that GM was responsible for the incident. The report says, "Alesia Harris, Harris TM widow, filed a claim for worker TMs compensation benefits. After hearing from three expert witnesses as to the circumstances of Harris TM fall and death, the magistrate concluded that the plaintiff had failed to establish a connection between Harris TM work at General Motors and his injury, saying that Harris 'passed out for some unknown cause of a purely personal nature and fell as if in a dead faint striking his head, without any evidence of a work inducement, such a fumes, sticky or slippery floor, etc.' ... "
It was soon discovered that the magistrate had made some "factual errors" regarding how Henry Harris fell. The magistrate called the incident an "idiopathic fall," meaning the fall was on a level floor and would not be worthy of compensation. Mrs. Harris and commissioners disagreed. They stated the fall should be categorized as an "unexplained fall," and therefore should be covered for worker's compensation.
Because of the difference in "factual evidence," Mrs. Harris took the case to the Michigan Supreme Court. However, the court has decided not to become involved.You can read the entire report from the Michigan Supreme Court here.
What do you think? Is General Motors responsible for Henry Harris TM death? Should the family be rewarded money in this case? Leave us your comments below.
Original Post: March 22, 10:30 a.m.
A family is suing General Motors after a man fell in a factory bathroom in Saginaw, hit his head, and died.
According to the Associated Press, Henry Harris was working at the Saginaw GM Factory in 2004, when he fell in the building TMs bathroom. He died from the injuries.
Seven years later, his wife is still battling the automaker, trying to sue for more than $300,000.
NBC25 TMs sister station in Detroit, WDIV TV, says despite proof the death was due to the fall in the bathroom, the Michigan Supreme Court won TMt become involved in the dispute.