“Blind alley” design blamed for death in Kansas

On March 29, circuit judges for the 10th Circuit Court of Appeals in Kansas reversed the judgement of a lower court involving the trampling death of a cattle trucker. According to court documents, Richard Gates delivered a load of cattle to the Creekstone Farms Premium Beef plant in Kansas in 2013. There was no room to receive the cattle, so Gates reportedly helped a plant employee move cattle. When in what the court called a “blind alley,” one animal being moved turned and “plunged into” Gates, killing him. Gates’ family claimed the processor was liable for Gates’ wrongful death. A lower court found that they were not, calling the situation an “open and obvious danger,” which negates the liability of the plant in Gates’ death. This decision overturns that earlier decision. “A fact-finder could reasonably infer that Mr. Gates could not appreciate the probability and gravity of the danger because of the alleged blind alley. Thus, the district court erred in awarding summary judgment to Creekstone based on the existence of an open and obvious danger,” read the court’s decision. — WLJ