Safe Place Act – Unsafe Work Conditions

By: Derek Hawkins//May 21, 2019//

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WI Court of Appeals – District III

Case Name: Timothy Rabitoy v. Robert O. Billington, et al.

Case No.: 2018AP270

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Safe Place Act – Unsafe Work Conditions

Timothy Rabitoy was severely injured when a truck rolled off a car hoist while he and his friend, Richard Klobucher, were attempting to repair the truck’s transmission. Rabitoy appeals a summary judgment dismissing his claims against the owner of the hoist, Robert Billington (Billington), and Billington’s business, Billington Contracting, Inc. (Billington Contracting). The issues on appeal are: (1) for purposes of Rabitoy’s claim under the Safe Place Act, whether the hoist constituted an unsafe condition associated with Billington’s property—and, if so, whether Billington had notice of this fact; and (2) for purposes of Rabitoy’s other claims against Billington or Billington Contracting, whether Klobucher’s use of the hoist was within the scope of his employment with either of them. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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