Declan Sullivan Deserves Justice from Notre Dame
After its investigation into the accident that cost Declan Sullivan his life, the Indiana OSHA agency found that: "Notre Dame did not establish and maintain conditions of work that were reasonably safe for its employees ... by directing an untrained student videographer to use the scissor lift during a period of time when the National Weather Service had issued an active wind advisory ... the University knowingly exposed its employees [Declan] to unsafe conditions."
OSHA fined Notre Dame $77,500 for this safety violation.
There are 3 important things to take from this OSHA finding. First, the size of the OSHA fine is consistent with the most serious or "willful" type of OSHA violation (that's bad). Second, the majority of states will allow proof of an OSHA violation as least some proof of negligence (or Sullivan's family could hire their own expert to say the same thing). Last, Notre Dame is virtually defenseless in the case and must make its peace with Declan's family to serve justice and to seek a measure of forgiveness.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.