Stimpson v. Maxim Crane Works, L.P. and Manitowoc Cranes, Inc.

PalmerOliver represented the widow and child of a 23 year old boilermaker who was killed when a crane tipped over and struck him on May 23, 2008 at the KCPL Iatan Power Plant in Platte County, MO. The crane involved was a Manitowoc 18,000 Lattice Boom Crawler Crane equipped with a 180 foot main boom and a 230 foot luffing jib.

The Manitowoc crane had a lifting capacity of more than 1 million pounds. The Manitowoc crane was raised at the start of the workday to check the wind speed by an anemometer on the top of the jib. The operator raised the jib and determined that the wind speed (37 mph) was too high to operate so he began to lower the boom and jib back down to the ground. During the process of lowering the crane, it tipped over and a piece of the jib struck the boilermaker causing his death.

Plaintiffs sued Maxim Crane Works, L.P., a crane rental company and the employer of the crane operator and proved that the crane operator had negligently and improperly failed to follow the manufacturer's operating instructions in the manner that he lowered the boom and the jib in that he exceeded the crane’s operating radius and caused the crane to tip over.

Plaintiffs also sued the crane manufacturer, Manitowoc, alleging strict liability failure to warn.

Special Damages: Lost wages and lost services, $3.3 million

Case settled for a confidential amount March 3, 2010.