Dallas Personal Injury Lawyer Blog

Crane Operator To Blame For Construction Accident and Resulting Injury - Dallas, Texas

A jury found that a crane operator was to blame for an accident that ended in leg fractures. In 2002, Larry Tidwell, then 62, was operating a Terex RT 230 "Rough Terrain" crane. When he climbed out of the cab to clean the mud off the floorboard, the crane tipped over backward and injured him. He claimed that the crane lacked a warning light and its manual was inadequate. The defense argued that Tidwell failed to know the machine thoroughly and failed to lock the crane's swing brake. The jury found that there was no design defect and no marketing defect and Tidwell was negligent.

For more information about construction accidents call 214-855-0034 or go to www.injurylawyerdallastexas.com .

 

Worker Recovers For Construction Accident Resulting In Serious Injury - Dallas, Texas

 

A construction worker who was seriously injured in a trench when it collapsed was awarded $4.3 million. In 2006, Osca Avalos, then 50, was working for a subcontractor to Nowak Construction on a sewer line in El Paso. While he was placing a line in the 7-foot deep trench lined with metal plates, the trench collapsed and pinned him under a 1,500-pound plate. The married father of two ruptured his spleen and pancreas. He sustained 11 broken ribs, a collapsed lung, disc fractures at T9 and T10 and a shoulder impingement. He underwent emergency surgery to remove his spleen and part of his pancreas. He was in a coma for 10 days and is permanently disabled. He blamed Nowak for inadequate saftey measures.

For more information regarding construction accidents in Texas, go to www.injurylawyerdallastexas.com or call 214-855-0034. 

 

 

Jury Awards 12.5M For Construction Worker Who Injured Back In Work-Related Accident - Dallas, Texas

A jury awarded more than $12.5 million to a worker who claimed that he sustained a disabling back injury when he was struck by a 40-pound frame component that fell off of a scaffold. The case's liability phase was decided via a directed verdict by Judge Mary Ann Briganti-Hughes, who determined that contractors had failed to take necessary steps to protect the suit's plaintiff, Leon Griffin, whose injury occurred while he was cleaning the area beneath a scaffold that was being disassembled. Griffin claimed that he sustained a herniated disc that causes disabling pain and numbness that radiate to his legs. The defense suggested that the herniation preceded the accident, but the jury found otherwise and awarded damages of $12,561,772.

 

For more information on construction accidents in Dallas, Texas go to www.injurylawyerdallastexas.com or call 214-855-0034. 

Texas Worker Struck By Crane Resulting In Injury Wins Lawsuit

A jury awarded $1.72 million to a worker who was seriously injured when he was hit by a crane. In 2005, Ernesto Tamez, then 59, attached an oil burner to the boom of a crane while working for a turnaround contractor at a BP America oil refinery in Texas City. When the crane operator lifted the boom, it swung into Tamez and pinned him against a handrail. He sustained a torn rotator cuff and herniated discs in his and neck and back, all of which required surgery. Tamez alleged the incident was the result of the crane operator's negligence and he blamed Maxim Crane Works LP, alleging the operator was one of its employees. Maxim denied the crane operator was at fault and argued that Tamez didn't prove that individual was one of its workers, noting that BP also had employees on the site. The jury found only Maxim negligent.

 

For more information regarding personal injury and construction accidents in Texas, go to www.injuryalwyerdallastexas.com or call 214-855-0034. 

Man Paralyzed Due To Construction Accident Settles Lawsuit

A man who is paralyzed due to an incident involving a violently jerking earth scraper recovered $25 million. In 2006, Alfonzo Lopez, then 38, was operating a Caterpillar tractor-scraper when the 80,000-machine began to jolt up and down. He sustained spinal fractures that left him paralyzed from the waist down. Lopez blamed Caterpillar, alleging the scraper's transmission system had faulty gear sensors. He said dozens of warranty claims from 2002 to 2009 showed Caterpillar scrapers moving against operator commands or shifting on their own. Lopez claimed Caterpillar was aware of the problem, but opted not to fix it because of the cost. He also sued Holt Texas Ltd., which had a mechanic at his job site, for negligent maintenance. The defendants denied the allegations, arguing Lopez initially said he hit a bump or rough terrain while operating the scraper. The jury found Caterpillar 90 percent and Holt 10 percent negligent. It awarded Lopez and his wife $56 million in damages, which was reduced due to statutory caps.

Construction Accident Leads To Serious Injury and Settlement

 

 

A jury awarded $1.72 million to a worker who was seriously injured when a load lifted by a crane swung into him at an oil refinery. In 2005, Ernesto Tamez, then 59, attached an oil burner to the boom of the crane while working for a turnaround contractor at a BP America Inc. refinery in Texas City. When the crane operator lifted the boom, it swung like a pendulum into Tamez and pinned him against a handrail. He sustained a torn rotator cuff and herniated discs in his neck and back, all of which required surgery. Tamez claimed that the crane operator worked for Maxim Crane Works LP and he was to blame. Defense counsel denied that the crane operator was at fault and argued that Tamez didn't prove that he worked for Maxim.

Construction Company Must Pay For Death In Work-Related Accident

 
A construction company agreed to pay $400,000 to the family of a worker who died when the street sweeper he was operating tipped over. Everado Reyes, a married father of two, was employed as an equipment operator for Madden Contracting Co. However, his family claimed he didn't have a driver's license and wasn't qualified to operate the sweeper. They blamed Madden for his death, alleging the company failed to train him properly and didn't adhere to its own regulations regarding seat belt use and licensing. Madden argued Reyes was at fault for turning a corner too sharply and failing to wear a seat belt. It contended Reyes was instructed on how to use the sweeper by other employees. Reyes' family also had a products liability suit against the maker of the street sweeper, which settled for a confidential amount.

Man Gets 433k Due to Construction Accident Injury

A jury awarded $433,000 to a concrete worker who lost partial vision in one eye in an on-the-job accident. In 2006, Jose Gallegos, then 34, was smoothing concrete on a sidewalk in Killeen. As he was working, additional concrete was delivered by a truck owned by Transit Mix Concrete & Materials Co. and driven by employee Willie Davis. When Davis backed up, the truck came in contract with a 2-by-4 board. The opposite end of the board rose and struck Gallegos in the left eye. Gallegos blamed Transit Mix, alleging it was liable for Davis' negligent driving. Transit Mix argued that Davis was following directions shouted at him by a third party. It also contended Gallegos was at fault for not wearing safety glasses. The jury found Davis and Transit Mix each 50 percent negligent. 

 

Paralyzed Worker Gets $20,707,000 Verdict

 

A Harris County district court jury has awarded $20,707,000 to a construction worker who was paralyzed after falling 20 feet while working on a roof-raising project in October 2006.

Santiago Arias blamed his employer, Degar Fuel Systems Inc., and contractor GSL Investment Inc. for the October 2006 incident. He alleged he and the other workers weren't provided fall protection gear or safety training, in violation of OSHA regulations.

Arias, a married father of three, fractured his C3 vertebra in the fall, rendering him quadriplegic. His doctors said he will require daily nursing care for the rest of his life.

Degar, a nonsubscriber to workers' compensation, did not appear at trial. Arias settled his claims against GSL in 2008 for $50,000.

Construction Worker Paralyzed Wins 20.7 Million Dollar Verdict

 

A jury awarded $20,707,000 to a construction worker who was paralyzed after falling 20 feet while working on a roof-raising project in October 2006. Santiago Arias blamed his employer, Degar Fuel Systems Inc., and contractor GSL Investment Inc. for the incident. He alleged he and the other workers weren't provided fall protection gear or safety training, in violation of OSHA regulations. Arias, then 45, a married father of three, fractured his C3 vertebra, rendering him quadriplegic. His doctors said he will require daily nursing care for the rest of his life. Degar, a non-subscriber to workers' compensation, did not appear at trial. Arias settled his claims against GSL in 2008 for $50,000.