Case Profiles

Construction, Industrial, and Electrical/Utility Injuries

Fatal fall. An apprentice sheet-metal worker was killed during the construction of a large commercial building. He fell through a hole cut in the building's concrete slab roof, 35 feet above the ground. A sheet of plywood was placed over the hole, but the plywood was not marked as a hole cover, and there were no hazard warnings. On behalf of the surviving spouse and children, we successfully brought a claim against the general contractor and a subcontractor, alleging common law negligence and Employer Liability Act claims.

Hyundai Iron Workers. Three union ironworkers were permanently disabled, never to work in construction again, when the platform they were erecting 30 feet high collapsed under them. They landed in the mud, gravel and twisted steel. We prosecuted claims on their behalf, and contended that faulty design specifications, an aggressive building schedule, and failed safety measures caused the collapse. After a series of depositions in Eugene, Portland, and San Francisco, and months of discovery battles, the Court ordered the Defendants to produce all documents related to construction. Immediately after that order was entered, we successfully mediated the cases in federal court.

Fatal Injury: Improper Work Schedule. A forklift struck a tilt-up wall section of a warehouse under construction, which then fell on the operator. Plaintiff claimed that the construction project was inappropriately planned and managed, and that the wall should have been erected after the work inside the building was completed. We tried the case to a jury and won a verdict.

Fatal Injury. Highway Construction Area. A motorist was killed in a collision with another vehicle in a highway construction area set up by Oregon Asphaltic Paving Company. We alleged negligent set up, warnings, and signs. Our client's husband was stopped by a flagger at construction on Highway 58.  While he was stopped, the road crew began removing the highway construction signs behind him.  A semi-truck and trailer traveling the same direction then plowed into the husband's pickup, killing him instantly.  We brought a claim against both the trucking company and the highway construction company, and settled the case against both.

Construction Debris. A young man hit a small piece of construction debris left on a walkway while riding his bicycle and crashed, rupturing his spleen. The case involved issues of premises liability, comparative fault, and the allocation of responsibility between general and subcontractors.

Partial Blindness: Mill Chemical System. An employee at a wood-products company suffered blindness in one eye when the liquid in a lumber pressure treating system froze and then abruptly ruptured into his face.  We consulted with designers of competitive systems, chemists and experts in wood treatment processes to determine the nature of the product defect which caused  the system to fail.  Once we determined the problem, we presented a demand to the manufacturer and subsequently settled the case.

Explosion in Wood Mil: Industrial Accident. A worker suffered severe burns and died as a result of an explosion in a particle-board green dryer. Plaintiff claimed that the dryer system failed to have appropriate safety features in its computer logic controls and lacked adequate explosion vents. The case involved engineering design issues, computer software, and multiple technical specialties.

Aerial Lift: Industrial Accident. Our client's husband was crushed to death when the aerial lift in which he was working malfunctioned.  It uncontrollably lifted and pinned him into the rafters of the lumber mill in which he was working.

Fatal Industrial Rescue Attempt. Alerted that a contractor was passing out in an underground vault, our client's husband reached down the ladder to render help.  The contractor had entered the closed space without proper breathing apparatus, lost consciousness and died due to lack of oxygen.  Tragically, so did the rescuer.  We brought an Employer Liability Act claim on behalf of the rescuer's family and recovered compensation for his widow and children.

Electrical Injuries from PP&L Power Line. This electrical burn injury claim against PacifiCorp electric utility arose when a young construction worker installing metal flashing touched electrical lines near a building. The claim involved issues of electric utility practices, and whether the power line and the equipment rented to a contractor met applicable National Electric Safety Code (NESC) standards. On behalf of the worker, we sued PacificCorp alleging a NESC violation regarding how closely to the building it had installed the wires.  Against a different rental company, we alleged that the aerial lift it had rented to our client was inappropriate for the job and that the rental company bore some responsibility for our client's injuries.

Helicopter Struck Unmarked PP&L Transmission Lines. We represented two Pacific Northwest families for the wrongful deaths of passengers in a police helicopter that struck unmarked power lines owned by PacifiCorp. The claims against the power company were for failing to provide visible warning markers on power lines above Steamboat Canyon. The cases involved aviation negligence, visibility analysis, and common law and regulatory aspects of aerial markings.

Fatality From Downed Power Line. We brought this wrongful death claim against C.P. National Corporation electric utility. Defendant's power line came down at night and struck a farmer in the leg, causing him to die of electrocution injuries. The case involved electrical engineering and utility construction practices.

2007 by Johnson, Clifton, Larson & Schaller, P.C. All rights reserved.