- Designing, fabricating and manufacturing a defective crane;
- Failing to properly test the subject crane including testing of the subject weld(s);
- Negligently rushing the crane to use after fabrication;
- Failing to provide plaintiff with a reasonably safe place to work;
- Failing to provide proper and adequate equipment for the job in question; and
- Failing to take proper means and precautions for the safety of plaintiff.
We hired a team of experts to weigh in on the accident reports that we obtained from the defendant. Though they agreed that the company shared liability for the crane’s faulty welding, the company denied any fault. They argued that they could not have known that the crane was improperly constructed.
The case was hard fought by the company and the jury’s decision was affirmed by the trial judge. The company appealed the case to the court of appeal where the court affirmed (1) seaman status and (2) the negligence of the company but reversed the amount awarded as excessive. We are currently seeking a review from the US Supreme Court, pending a retrial of the case on damages alone.
$2,560,000 Jury Verdict
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