A crane expert advises on a case involving a crane operator who was crushed by a swinging load. Plaintiff, a railroad car-man was severely and permanently injured while working at a railroad car derailment on track owned by the defendant chemical company. A train crew had been transporting several loaded, covered hopper freight cars to the defendant’s yard. A number of previous derailments had occurred at this same location. The chemical company hired the railroad to clear the derailment, which involved removing the derailed railroad cars or placing them back onto the railroad tracks. On the third day of the derailment clean up, the crew was working on the last two derailed cars. Plaintiff was assigned to operate the rerailer mobile crane. An elevated pad made from imported earthen materials and railroad ballast was built by a front end loader operator on the south side of, and between the last two cars. The crane was moved onto the pad and the outriggers were deployed. The first car was rerailed without incident, but when plaintiff lifted the second car, the top of the car rolled toward the south onto the cane, crushing the crane operator’s cab. Plaintiff was trapped inside the crushed cab and received severe, permanent, injuries.
Plaintiff hired a crane expert and filed a negligence action against the track and yard owner, its safety contractor and the railroad company.
