January 18, 2010 by Robert Tharp at 3:48:06 pm
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New Braunfels resident Ernesto Tamez was supervising a job at BP America's refinery in Texas City, Texas, when the unthinkable happened. A crane operator lifted a heavy oil burner without waiting on a signal from workers on the ground that the area was clear. The oil burner struck him, causing serious crushing injuries to his ribs, back, neck and shoulder.
On Friday -- more than four years after the tragedy -- a Galveston County jury found that Bridgeville, Pa.-based Maxim Crane Works was completely liable for causing the injuries that Mr. Tamez suffered. Jurors found Maxim Crane Works 100 percent liable for the injuries sustained by Mr. Tamez. The $1.72 million verdict includes $300,000 in lost wages, $550,000 in medical expenses and $170,000 to the injured worker's wife. Prior to trial, Maxim Crane Works made no settlement offers. Attorneys for Houston trial law firm Arnold & Itkin LLP presented evidence that the crane operator lifted the oil burner before receiving any signals from workers on the ground that the area below was safe. Additionally, trial evidence revealed that the crane's boom had been moved in such a away that it was no longer aligned. Mr. Tamez and his wife were represented by Arnold & Itkin attorneys Cory Itkin and Michael Pierce.
"Maxim Crane Works' Web site says ‘zero accidents is the only goal,' but sadly in this instance they failed," says Mr. Itkin. "It has taken four years to get to this point, but our hope is that this verdict will help our client and his family move on with their life."
"The greatest tragedy of this case is that the pain and suffering experienced by Mr. Tamez and his wife easily could have been prevented," says Mr. Pierce. "We are pleased that the jury stood up and held this company accountable."
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