Richard Statucki v. Crane Pro Services
Published: May 18, 2002 | Result Date: Feb. 20, 2002 | Filing Date: Jan. 1, 1900 |Case number: 015007 Verdict – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Timothy J. Ryan
(Bold Polisner Maddow Nelson & Judson)
Defendant
Richard E. Morton
(Haight, Brown & Bonesteel LLP)
Experts
Plaintiff
Robert MacAuley
(medical)
Peter Neaubauer
(technical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Defendant
Robert D. Ansel
(medical)
Mark Rhoades
(technical)
Elliott Henderson
(medical)
Facts
The plaintiff, a 43-year-old married male with four children, was employed as a mechanic and mold maker by
Basalite Corp., a manufacturer of cement blocks used in the building industry. Basalite used overhead electric
hoists in their mold making shop and contracted with the defendant, Crane Pro Services, to perform quarterly
inspections of the hoists for maintenance purposes.
On June 3, 1999, the defendant inspected the hoists including the specific hoist that was regularly used by the
plaintiff in the mold shop. The defendantÆs technician noted that there was electricianÆs tape wrapped around
the electrical cord used by the plaintiff to operate the hoist. This cord had a pendant control at its end for up-
and-down use of the crane.
On the date of the accident, June 14, 1999, the plaintiff was operating the hoist. He was
utilizing it to move a 1,000-pound mold. He was using the hoist in its down mode by depressing
the down button on the pendant control. When he let go of the down button, the crane continued
to go downward. The plaintiff let go of the pendant control and the pendant control became
entangled in the hoist chain. The plaintiff reached to the electrical cord to disengage the cord
from the chain. As he did so, he alleged he saw a blue flash from the area where the electrical
cord enters the hoist housing and was immediately thrown 10 to 20 feet, where he landed on an
iron mold.
Settlement Discussions
The plaintiff submitted a demand of $550,000. The defendant offered $20,000 by way of a C.C.P. Section 998 offer.
Specials in Evidence
$62,000 $180,000 $1.2 million $225,000
Injuries
The plaintiff sustained fractured ribs and a resulting pneumothorax. Additionally, he had a hematoma on his liver. He also sustained a lower back injury resulting in, allegedly, disc damage at L5-S1. Additionally, his physician diagnosed him with post-traumatic stress syndrome, including depression and loss of cognition due to a closed-head injury. The physician recommended that the plaintiff have a diskectomy and fusion at three levels in his lumbar spine. The plaintiffÆs residuals consist of constant back pain, as well as an inability to walk without the use of a cane because of damage to the sciatic nerve. Additionally, the plaintiff claimed that he has to wear sunglasses all the time because light hurts his eyes as a result of the closed-head injury. The plaintiff has been totally disabled since the date of the accident.
Other Information
The testimony of the defendant technician was, according to the defendant, all that the jurors focused on during their five hours of deliberations. The jurors concluded that the plaintiff had failed to carry his burden of proof to establish negligence on the part of the defendantÆs technician and his inspection of the crane.
Deliberation
five hours
Poll
11-1
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390