Fatal Crane Crush Accident Resolved in $6.5M Settlement
The family of a man who was killed when a crane jib weighing more than 2,500 pounds fell on him have settled their claims against several construction companies for $6.5 million.
September 14, 2018 at 02:47 PM
4 minute read
The family of a man who was killed when a crane jib weighing more than 2,500 pounds fell on him have settled their claims against several construction companies for $6.5 million.
The case, Chipps v. Maxim Crane Works, which had been filed in the Philadelphia Court of Common Pleas, involved the family of Jerod Chapman, who was 29 years old when he was fatally crushed in 2015. The parties settled the case during mediation before retired Judge James Melinson on Sept. 11.
According to the plaintiffs' mediation memo, Chapman had been part of a construction team working on a building on Penn State's main campus. At the end of the day on June 12, 2015, Chapman volunteered to help a crane operator employed by defendant Maxim Crane Works to dismantle the crane boom and jib so it could be stored. However, during the process, the crane jib fell onto Chapman's head, fatally crushing him.
Saltz Mongeluzzi Barrett & Bendesky attorney David Kwass, who, along with Adam Pantano, represented the plaintiffs, said the possible recovery in the case was somewhat limited, given how quickly the death occurred and because Chapman did not have any children, although he was engaged to be married to a woman with a daughter with whom he was close.
“We see this as an excellent result for our client,” he said.
Kwass and Pantano also said the case largely centered on testimony of the fact witnesses, including the crane operator and Maxim's vice president of safety, who both said that failing to ensure the jib is properly secured before removing pins connecting the jib to the boom is “unacceptable,” according to the attorneys.
According to the plaintiffs' memo, the crane fell because the crane operator told workers to remove pins connecting the jib to the crane's main boom before the jib had been properly secured. The plaintiffs contended that the crane operator had the ultimate responsibility to ensure the safety of the site, and noted that in 2010, after a “rash of jib incidents,” the company established new policies saying crane operators needed to be fully aware of the safe work practices and always aware of employees they were supervising.
However, according to the plaintiffs' memo, the policy failed to require that crane operators visually confirm that the jib is secure before taking out the pins.
Mediation memos from defendants Maxim Crane; P.J. Dick, the construction manager, and American Ornamental Iron Corp., a subcontractor, contended that they were not responsible for securing the safety of the site, and that Chapman had contributed to the accident.
Maxim Crane's memo noted that Chapman had been a certified crane operator, and contended that Chapman had played a larger role in the effort to take apart the jib.
Another worker on the site, Brian Eddy, was also injured during the crash. He sustained a wrist fracture, which required surgery.
Although Eddy's case was filed in Allegheny County Court of Common Pleas, the discovery and mediation were done together with Chapman's case. Eddy's case settled for a confidential amount.
Eddy's attorney, Frank Moore of Mansmann and Moore, said the incident was a tragedy, but his client was pleased with the settlement.
William Cilingin of Naulty, Scaricamazza & McDevitt, who represented American Ornamental Iron, declined to comment. Neither Rawle & Henderson attorney Catherine Walto, who represented Maxim Crane, nor Michelle Coburn of White and Williams, who represented P.J. Dick, returned a call seeking comment.
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