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Judge allows employer negligence evidence in boom-lift wrongful death case - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Judge allows employer negligence evidence in boom-lift wrongful death case by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Mar 16, 2026 A Delaware judge on Friday ruled that defendants in a wrongful death lawsuit stemming from a fatal construction accident may present evidence that the decedents’ employer was negligent, even though the employer cannot be sued because of workers compensation immunity. In Andino v. Nexius Solutions Inc. , the Superior Court of Delaware addressed several motions in litigation arising from a 2020 aerial boom-lift accident that killed two workers at a construction site in Bethany Beach, Delaware. Vanessa Andino filed the suit individually and as administratrix of the estates of Bryan Maldonado-Andino and Jovan Maldonado-Andino. The complaint names Nexius Solutions Inc., Myndco Inc. and Sunbelt Rentals Inc. as defendants. The workers were employed by Velex Inc., which is not a defendant because workplace injury claims against an employer are generally limited to workers compensation benefits. According to the opinion, the workers were about 120 feet in the air on a boom lift when strong winds tipped the lift over. OSHA later investigated the incident and issued citations to Velex. Plaintiffs sought to bar defendants from introducing evidence that Velex was negligent. The court rejected that request, explaining that although the employer cannot be held liable in the lawsuit, defendants may still present evidence that Velex’s conduct was a “superseding cause” of the accident — meaning its actions could be found to have independently caused the fatal incident and cut off liability for the other defendants. The judge did grant a separate motion preventing defendants from presenting evidence that Genie Industries Inc. or Terex Corp., manufacturers of the boom lift, were negligent or that the lift was defectively designed. Those companies were previously dismissed from the case with prejudice under a stipulation by the parties, making such arguments irrelevant and potentially confusing to jurors. The court also ruled that while parties may reference OSHA safety standards and whether they were violated, the actual OSHA citation issued to Velex will not be admitted into evidence because it could unfairly prejudice the plaintiffs. 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