James Raso, 43, was injured at work when 20-foot-long steel
roofing panels fell on him from a crane. A journeyman ironworker,
Raso was unable to return to work due to his injuries. He
suffered a ruptured spleen, which had to be removed surgically,
fractured ribs, collapsed lungs and damage to his femoral artery
and nerve. For six weeks he was hospitalized. Despite physical
therapy, he still limped. He also claimed that after the accident
he developed cognitive difficulties including reasoning and memory
problems.
The accident occurred while a crane operator
was unloading the panels from a flatbed trailer. The operator had
successful lifted 20 loads before the accident by raising the
panels to shoulder level and swinging the crane away from the
trailer. The 21st time, though, the operator suddenly' jerked the
load upward after bringing it to shoulder level, witnesses said,
causing the slings to unweight and the the panels to fall out and
crush Raso.
CMC Equipment Rental Co., Inc., owned the
crane, and Raso's employer supplied the riggings. Raso sued CMC,
alleging the crane operator was negligent. Raso maintained the
operator lifted the load directly above him in violation of the
defendant's own rules.
He contended the operator had inadvertently
pulled the swing lever instead of the lift lever, then panicked and
braked, causing the unweighting. He also alleged the operator had
lifted the load in the blind, without a clear view of the load.
CMC argued the load fell because it was rigged
improperly. The defendant also claimed statutory immunity because
the operator was a "borrowed servant."
On the question of damages, the defendant said
Raso's reasoning and memory problems were emotional rather than
organic in origin and, thus, could be improved by therapy.
Raso was a Vietnam veteran. He said after the
accident he suffered flashbacks both of the work injury and
injuries sustained in Vietnam. He had been earning about 35,000 a
year and his economist projected his loss earning capacity in a
range between $1.09 million and $2.26 million. Raso's internist
testified the plaintiff's life expectancy was reduced by the loss
of his spleen.
Following lengthy settlements conferences, the
parties settled for $3.6 million.