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ARTICLE ID 27637
$________ GROSS - WORK SITE ACCIDENT - RENTAL OF A DEFECTIVE CRANE TRUSS HOOK - HEAVY HOUSING TRUSS FALLS FROM HOOK OF CRANE AND STRIKES PLAINTIFF - C6,C7 FRACTURE DISLOCATION - LOW QUADRIPLEGIA - LIMITED USE OF HANDS - PARALYSIS BELOW ARM LEVEL.
Volusia County
The plaintiff, a 25-year-old carpenter at the time of injury,
filed this action against the defendant crane company and the
owner/general contractor of a house under construction. The
plaintiff claimed that the defendant crane company supplied a
defective crane truss hook which allowed a heavy housing truss to
fall from the crane and strike the plaintiff. The claim against
the defendant owner/general contractor was based on a vicarious
liability theory. The owner/general contractor rented the crane
used on the project and the plaintiff claimed that it furnished a
defective product which was used in an inherently dangerous
activity. The plaintiff sustained a cervical fracture resulting
in low quadriplegia as a result of the accident. The defendants
argued that the crane hook was not defectively designed and that
the accident was caused by the negligence of the plaintiff and of
the crane operator who was working for the plaintiffs employer
at the time of the accident.
The plaintiff was an employee of a carpentry contractor working
on the construction of a house. The defendant Integrity Homes was
the owner acting as a general contractor on the project.
Integrity Homes rented a crane and an operator from the defendant
Corbett Cranes Services for use by the carpentry contractor in
lifting and placing roof trusses. The plaintiff was on top of a
wall preparing the wall plate for the next truss. The crane
operator used a nearby tree to rotate the truss into position. As
he did so, the truss came out of the truss hook and fell,
striking the plaintiff across the back of the neck.
The plaintiffs crane operation and rigging experts testified
that the crane hook being used at the time was defective and
dangerous for the use to which it was applied. The hook in
question was lost or misplaced before it could be inspected by
the plaintiffs experts. Only photographs were available at the
time of trial. The hook appeared to be a piece of rounded metal
which had been soldered into a modified U-shape. The origins of
the hook or by whom it was fabricated were unknown. The plaintiff
claimed that the defendants should have provided a truss hook
that would have secured this load and by its design, prevent the
load from coming out of the hook.
The plaintiffs medical experts testified that the plaintiff
sustained a C6-C7 fracture dislocation with resulting low
quadriplegia as a result of the accident. The plaintiff has some
use of his arms, but very limited use of his hands, according to
evidence offered. He is paralyzed below the level of his arms.
The plaintiff presented a videotape showing the plaintiffs
rehabilitation program. The jury also viewed a video of the
plaintiff scuba diving subsequent to the accident as part of his
rehabilitative program.
The defendant argued that the truss hook was not defective and p 7 3
that the foreman of the carpentry crew was negligent in using a
truss hook to lift the asymmetric, unbalanced truss. The foreman
should have used one of the other rigging devices available from
the crane company, according to defense arguments. The defendant
also contended that, if the plaintiff had been paying attention,
he could have avoided being struck with the truss.
The jury found the defendant Corbett Cranes 50% at fault. It
found the plaintiff 4% comparatively negligent and found the
employer of the carpentry crew (plaintiffs employer) 46%
negligent. The plaintiff was awarded $________ which was
reduced accordingly. The verdict included economic damages of
$________. Final judgment totaled $________. The plaintiff had
settled with the manufacturer/seller of the truss prior to trial
for $________.
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