Didier v. Ash Grove Cement Co., 272 Neb. 28

Summary

The Supreme Court of Nebraska reviewed a negligence action brought by an employee of an independent contractor who was injured after falling from a roof at Ash Grove Cement Company's facility. The court held that the Mine Safety and Health Administration had exercised jurisdiction over the relevant working conditions, thereby preempting Occupational Safety and Health Administration jurisdiction, and that there was no evidence Ash Grove violated an applicable MSHA duty. The court also held that the district court had considered and properly rejected the claim that Ash Grove breached a nondelegable duty to provide a safe workplace, reversing the Court of Appeals and remanding with directions to affirm summary judgment for Ash Grove.

Holdings

1. Because MSHA actually exercised statutory authority over the specific working conditions, MSHA's jurisdiction preempted OSHA authority as a matter of law, and no genuine issue of material fact existed on that question.
2. The district court properly granted summary judgment because Didier presented no competent evidence that Ash Grove violated any relevant MSHA statute, regulation, or corresponding standard of care.
3. The district court considered and properly rejected Didier's claim that Ash Grove breached a nondelegable duty to provide a safe place to work; the Court of Appeals erred in concluding that the district court had not addressed that issue.

Questions Presented

1. Whether MSHA's actual exercise of regulatory authority over the specific working conditions preempted OSHA authority as a matter of law.
2. Whether the evidence established a genuine issue of material fact concerning Ash Grove's violation of an MSHA statutory or regulatory duty.
3. Whether the district court considered and properly rejected Didier's claim that Ash Grove breached a nondelegable duty, arising from its ownership and control of the premises, to provide a safe place to work.

Disposition

reversed_and_remanded