Facts

The subject incident occurred on or about Jan. 29, 2005 in the course of construction conducted at Cedars Sinai Medical Center in Los Angeles. Swinerton Builders, Inc. was the general contractor on the project, who contracted with Permasteelisa as the steelwork subcontractor.

On the day of the incident, Champion Crane was hired as the crane subcontractor to lift exterior glass panels to the sixth floor where Permasteelisa employee, plaintiff Richard Mesa, was assisting in the installation of the panels. The crane would lift the glass panel from the ground into position and plaintiff would secure it in a slot on the outside of the building with the assistance of two other workers who were located inside the building. Attached to the bottom of the glass panel was a tag line, the other end of which would be held by a worker on the ground to stabilize the panel as it was lifted so as to control its movement on its way to the sixth floor. When the panel was in position, plaintiff would detached the tag line, and the suction cup attached to the panel, and tie it to the swing stage so it did not fall to the ground. During this time, the hook of the crane would maintain attachment to the panel by way of slings through slots at the top of the panel. After installation, plaintiff would tie a loop in the tag line, attach the suction cup thereto, and put the rope on the hook with the slings to be lowered to the ground for the next pick.

PLAINTIFF'S CONTENTIONS:
The plaintiff testified in his deposition that they had installed approximately three panels before the incident occurred. He stated that on the lift where the incident occurred, he was wrapping up the tag line when the crane operator pulled away without being signaled to do so. His hand slipped through the rope loop and the crane pulled plaintiff and the swing stage away from the building. The plaintiff was then shown the incident report plaintiff filled out for his union shop steward on the day of the incident. This reminded him that the incident did not occur as he had testified. He then confirmed that the tag line was attached to the swing stage when the incident occurred and that it was not wrapped around his arm. The plaintiff contended that the crane operator pulled the boom away without being signaled to do so. Seeing what had happened, the crane operator returned the swing stage to its position against the building.

DEFENDANTS' CONTENTIONS:
The defendants contended that the crane operator for Champion Crane was prepared to testify that plaintiff had given the signal to pull away. This was supported by Permasteelisa's superintendent, who testified that he witnessed plaintiff give the signal for the crane operator to pull away.

Specials in Evidence

$300,000 $140,000 $1,260,000 $1 million

Injuries

The plaintiff claimed chronic pain to lower back, head and psychological injuries. Treatment includes psychiatric examination, consultation and treatment from June 25, 2007 to present. He also recalled seeing William Caton III, M.D. for an L5-S1 laminectomy and for a repair cerebro-spinal fluid leakage on April 7, 2005 and April 16, 2007. He further recalled seeing Gregory Carlson, M.D. for extracted L4-5 disk with anterior and posterior fusion; and spinal reconstruction on May 23, 2006. The plaintiff has not worked since shortly after the incident, has continuous pain in his back, and continues to treat for psychological issues that he claims were exacerbated by this incident.

Result

Champion Crane and Swinerton Builders agreed to pay plaintiff $5,000 each.

Other Information

Swinerton Builders is still pursuing a claim for contractual indemnity against Permasteelisa. Trial is set for Dec. 30, 2008.