Plaintiff Bruce Newcomb, age 57 at the time of
the incident, was injured on December 1, 1989 when a crane
contacted an overhead power line at an Amtrak bridge project.
Plaintiff was the foreman of an ironworking crew. The crew was
assigned the task of unloading steel beams off of a flatbed
tractor-trailer to a grassy storage area.
In the course of moving the steel, the crane operator extended
the boom of the crane and contacted a 138,000 volt power line
causing the electricity to flow through the cable line of the crane
and into the steel he was steadying.
Plaintiff sustained electrical burns to his hands and feet, a
disputed herniated cervical disc, a torn bicep muscle, possible
hearing loss and a contested claim of memory loss and impairment of
attention span.
Plaintiff brought suit against CMC Equipment Rental Company,
Inc., the owner and lessor of the crane and its operator who
contacted the power line in violation of OSHA, New Jersey state law
and industry standards. Plaintiffs also brought suit against
Crossing Construction Company, the general contractor for the
project alleging that it failed to enforce Amtrak regulations
regarding the operation of cranes near overhead power lines and
failed to safety train the workers on the project. Plaintiffs also
contended that Amtrak had failed to enforce its own safety
regulations and ensure that the workers were appropriately trained
regarding their job site requirements.
Damages:
Plaintiff was hospitalized for 22 days after the accident and had
three surgical grafting procedures on his hands and feet. He was
out of work for approximately 10 months after the accident and then
returned to his former position as a foreman. His total past lost
wages were approximately $38,000 and his medical bills were
approximately $88,000.00.
The case settled for One Million Dollars with CMC Equipment
paying $500,000 and Amtrak and Crossing Construction paying
$475,000 and a designer paying $25,000.
Plaintiffs' Experts: Alan Cohen, P.E., liability of
general contractor, Conshohocken, PA; Stephen A. Estrin, CE, CSSD,
applicability of OSHA regulations; liability of Amtrak, Mahopac,
NY; Truet Thompson, Ph.D., electrical safety, Temple, AZ; Andrew
Verzilli, Ph.D., economics, Philadelphia; Peter Nesbitt, M.A.,
vocational rehabilitation, Philadelphia
Plaintiffs' Counsel: Robert J. Mongeluzzi, Gary
Solomon, of Daniels, Saltz, Mongeluzzi & Barrett,
Philadelphia.