In Finger Amputation Case, Gray•Duffy, LLP Obtains Full Dismissal of Crane Company

March 2014

Overview

Matthew S. Shorr of Gray•Duffy’s Encino office was hired to defend Competition Erecting in a lawsuit stemming from a construction site accident that occurred on November 5, 2010 at the U.S. Courthouse in San Diego, CA. The plaintiff claimed he severed the tips of two fingers of his left hand as a result of the accident.

Discussion

Gonzalez v. Hensel Phelps Construction Co., et al. Competition was hired by Hansel Phelps to provide two 550 Liebherr Tower Cranes with operators to assist with the construction of the new San Diego Courthouse. The accident occurred when a load was being hoisted “in the blind” and a materials cage was lifted out of the construction hole. The cage became stuck directly above the plaintiff who attempted to free it by placing his fingers underneath the bottom edge of the cage. The cage struck the ceiling of the floor above, rotated, and pinned the plaintiff’s fingers between the cage and a load of concrete masonry blocks located inside, amputating the ends of two of his fingers. The defendant contended that the plaintiff was comparatively at fault, that he was inadequately trained, and that the operator was operating the tower crane “in the blind” when the accident occurred. The tower crane was located approximately 300 feet in the air at the time of the accident. The case was settled prior to trial. No contribution to the settlement was made on behalf of Competition, and they received a dismissal as part of the settlement, which was paid by other parties involved in the accident.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.