Dempsey v. Addison Crane Co.
United States District Court for the District of Columbia
247 F. Supp. 584 (1965)
- Written by Brian Meadors, JD
Facts
Dempsey (plaintiff) worked on a construction project. As part of Dempsey’s duties, he and three others were assisting a crane operation. A crane was rented from and operated by the Addison Crane Company (defendant). During the move, an auxiliary jib fell from the crane, killed one worker, and seriously injured Dempsey. Dempsey sued, alleging that Addison was negligent in two ways: first, that the jib should not have been suspended, as it was not in use; and second, that the manner in which the jib was attached was unsafe. The evidence did not support the first allegation of negligence. It was not negligence to have the unused object suspended. As for the second allegation of negligence, the evidence showed that the object was suspended with an open hook, which was consistent with industry standards. However, the evidence also showed that a minority of crane operators used a different, safer method of suspension using a closed hook. The parts needed for the closed hook method are readily available and not expensive. Before considering damages, the court must first determine if Addison is liable.
Rule of Law
Issue
Holding and Reasoning (Holtzoff, J.)
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