From our private database of 14,100+ case briefs...
Mesman v. Crane Pro Services, a Division of Konecranes, Inc.
United States Court of Appeals for the Seventh Circuit
409 F.3d 846 (2005)
Konecranes, Inc. (Konecranes) (defendant) renovated a crane for Infra-Metals, a steel-products manufacturer. The crane was used for unloading sheets of steel from boxcars. The crane had been operated from a cab on top of the roof of a plant. Konecranes altered the design of the crane so that the crane could be operated via a remote control. As a result, after the renovation, the cab was no longer functional. However, the cab remained close enough to the boxcars being unloaded that the crane could hit the cab while unloading steel, causing the steel to crash to the ground. To protect against this situation, Konecranes put an emergency-stop button on the remote control, which, when pressed, would stop the movement of the crane immediately. John Mesman (plaintiff) and Van Til worked for Infra-Metals. Mesman loaded steel sheets onto the crane, and Van Til operated the crane’s remote control. Van Til saw that the crane was about to hit the inoperative cab, but instead of hitting the stop button, mistakenly hit the down button, which did not stop the movement of the crane immediately. The crane hit the cab, causing the steel to fall onto and seriously injure Mesman. Mesman brought suit against Konecranes. The jury found Konecranes to be negligent for its failure to remove the cab. The trial judge set aside the jury verdict and entered a judgment for Konecranes. Mesman appealed.
Rule of Law
Holding and Reasoning (Posner, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.