This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Construction Site Accident
Crane

Scott Schuster, et al. v. Crainco, Inc., et al.

Published: Aug. 1, 1998 | Result Date: Jun. 1, 1998 | Filing Date: Jan. 1, 1900 |

Case number: PC019442 Verdict –  $1,275,000

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Robert W. Mansell
(Mansell & Mansell APC)

Robert I. Manuwal
(Manuwal & Manuwal)


Defendant

Robert S. Rubin
(Law Offices of Norman Nadel)


Experts

Plaintiff

Randy Sherman
(medical)

John R. Davis
(technical)

Defendant

Bernard Endfield
(technical)

Facts

Plaintiff Scott Schuster, a 38-year-old sheet metal worker, was installing a ventillation system at an industrial site. His employer contracted with Crainco Inc. to provide crane services for the job. After setting an 8,000-pound blower in place, the plaintiff disconnected the rigging straps from the load and signalled to the operator to raise the crane line out of the way. As the crane operator began to raise his boom, one of the rigging straps snagged onto the load, lifting the load about 6-8 inches. The plaintiff signalled for the crane operator to stop. However, the crane operator admittedly was looking at the tip of his boom. The plaintiff first attempted to kick the snag free, then tried to jump out of the way. The snag disengaged as the plaintiff was jumping out of the way, and the load fell onto the plaintiff's right heel. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a settlement demand for $650,000 exclusive of lien. The defendant made an offer of $150,000 exclusive of lien.

Specials in Evidence

$99,214.41 $40,100 $14,000 $100,000

Injuries

The plaintiff claimed a partially severed Achilles tendon, calcaneous fracture, avulsion injury to heel, requiring several surgeries, including repairing the Achilles tendon and skin grafts.

Other Information

The verdict was reached approximately 1+ years after the case was filed. Robert Mansell of Grayson, Grayson & Mansell was associated in as trial counsel two months before trial.

Deliberation

1½ days

Poll

12-0

Length

nine days


#91372

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390