“BIG BLUE”
Don Carlson successfully defends Transi-Lift crane in $100 million claim.
CCM Attorney Don Carlson assisted by Tim Mentkowski, Jeff Nichols and Bill Ehrke successfully defended Neil F. Lampson and Lampson International in a $100 million claim brought against Lampson and Mitsubishi Heavy Industries America.
Milwaukee County Circuit Court Judge, Dominic Amato, on November 27, 2000, ruled that Lampson International’s Transi-Lift crane, nicknamed “Big Blue,” that crashed on July 14, 1999, at the Miller Park baseball stadium project while lifting a large roof truss, was not defective either in its design or as manufactured. Following a seven-week trial, the jury found that the user of the crane, Mitsubishi Heavy Industries America, 97% at fault for not performing wind sail calculations prior to making the lift which would have revealed the wind on the 14th was too high to safely make the lift. Lampson was found 3% at fault for not being more aggressive in instructing the crane crew not to necessarily follow instructions given by Mitsubishi’s lift supervisor. Compensatory damages assessed for the death of the three ironworkers who were in a man basket at the time of the crash totaled $5,250,000. Lampson’s 3% share of the verdict was also found to be Mitsubishi’s responsibility by the jury which determined Lampson’s contract with Mitsubishi required Mitsubishi to indemnify Lampson for any liability arising out of the use of the crane.
The jury also assessed punitive damages against Mitsubishi for unsafe job practices in the amount of $94 million. The punitive damage claim against Lampson had previously been dismissed.
The legal team was aided by Chris Jahncke, CCM Senior Paralegal, who directed and coordinated support efforts, and Charlotte Cherella, who was responsible for presenting the computer graphics, exhibits and testimony during the trial. |
发表于 2007-3-26 22:34
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