PITTSBURGH – A mobile truck crane which killed one man and seriously injured another during construction work on the campus of Penn State University, has led to a three-count negligence and loss of consortium lawsuit against the manufacturer and contractor behind the device being used.
Brian Eddy and Melissa Eddy of Fairview, W.Va., filed suit in the Allegheny County Court of Common Pleas on July 17 versus Maxim Crane Works, L.P. of Bridgeville and P.J. Dick Inc., of Pittsburgh.
Prior to June 12, 2015, Penn State University contracted with P.J. Dick to be the primary contractor for a project located at or near the Burrows Building on the Penn State satellite campus in University Park. At that time, P.J. Dick subcontracted to Maccabee Industrial, Inc. to perform work on the project, with Eddy and Jerod Chapman being employees of Maccabee Industrial.
Maccabee rented a TMS500E mobile crane from Maxim Crane to use at the site and operator to control it, Rodney C. Hansen. While working on the project, plaintiff was struck by the jib of the crane, operated by Hansen. The jib on the crane fell to the ground while the crane was being operated. Eddy suffered serious injuries to his right wrist and right arm, while Chapman was killed.
A subsequent investigation from the Occupational Safety and Health Administration (OSHA) determined the incident which injured Eddy and killed Chapman was the fault of Hansen, and employees who stowed the jib – noting their failure to follow proper stowing procedure led to the jib collapsing and the serious accident to Eddy and Chapman. OSHA also issued a financial citation to Maxim in the amount of $7,000.00, which it paid.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages, jointly and severally, in excess of compulsory arbitration limits, plus pre- and post-judgment interest, other costs the Court deems appropriate and a trial by jury in this matter.
The plaintiff is represented by Francis M. Moore of Mansmann & Moore, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-7422
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com