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ARTICLE ID 29239

$________ - CONSTRUCTION SITE NEGLIGENCE- WOOD BLOCK DRIVEN INTO FEMUR - MULTIPLE COMMINUTED FRACTURES OF RIGHT FEMUR.

Los Angeles County, California

The 49-year-old male plaintiff was employed as a crane oiler for a crane company working at the construction site. A ________ pound preheater fell onto a wood block that the plaintiff was positioning driving the wood into the plaintiff’s femur.

The plaintiff was working in his capacity as a crane oiler at a construction site. The defendant, Air Products and Chemicals operated a hydrogen production plant and had hired the defendant Saxon Group to replace preheater units which were components of the production plant. The defendant Saxon was responsible for removing old preheater units weighing ________ pounds and installing new preheater units weighing ________ pounds. The defendant Benelux-Apex sold the preheater units to the defendant Air Products. The defendant Air Products hired the the plaintiff’s employer, Maxim Crane to supply the required cranes necessary to move the preheaters.

The old preheaters were picked up by lifting lugs which were bolted onto the old preheater units for the removal process. The defendant Air Products and the defendant Saxon Group took the lifting lugs off the new ________ pound preheaters and bolted them to the old preheaters weighing ________ pounds so that the old preheaters could be lifted for removal. During this removal process, the lifting lug bolts stripped off the nuts causing the preheater to fall. It landed on a block of wood that the plaintiff was positioning. The force of the impact drove the wood into the plaintiff’s right femur fracturing it. The plaintiff contended that the defendants were negligent in that the nuts and bolts used to secure the lifting lugs had been mismatched. The plaintiff contended that 22mm nuts were attached to 20mm bolts.

As a result of this incident, the plaintiff suffered multiple comminuted bicondylar fracture of the right femur.

The defendants maintained that the nuts and bolts utilized were mismatched by the manufacturer of the preheaters.

The plaintiff demanded the sum of $________. The defendants offered $________. After a thirteen day trial and two days of deliberations the jury found in favor of the plaintiff and against the defendants. The jury assessed liability as 70% to defendant Saxon, 30% to defendant Air Products and 0% to defendant Benelux. The jury awarded the total of $________ consisting of $________ in past general damages; $________ in future general damages; $________ in past economic damages and $________ in future economic damages.

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