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Below is an AP article on the conclusion of the Miller Park trial.
Companies ordered to pay $99.2 million in crane collapse
By ANDREW TILGHMAN
MILWAUKEE (AP) -- A jury ordered two companies to pay
$99.2 million to the widows of three ironworkers killed when a
crane collapsed at the construction site of Milwaukee's new baseball
stadium, Miller Park.
All but $157,500 of Friday's award must be paid by Mitsubishi
Heavy Industries of America. The company was held responsible,
along with Lampson International Ltd., for the July 1999 accident
that killed William DeGrave, Jerome Starr and Jeffrey Wischer.
``It's about time,'' Wischer's widow, Patricia Wischer, said after the
verdict as she cried and hugged her attorney. ``I knew they would
be confident in finding Mitsubishi was deeply in error.''
Mitsubishi was building the stadium's retractable roof, using a crane
called Big Blue and a crew leased from Lampson.
The ironworkers were guiding a 450-ton roof piece into place from
a safety basket held aloft by another crane when Big Blue smashed
them to the ground.
The jury reached its verdict after nearly three days of deliberations.
Each widow will receive $1.7 million for pain and suffering. The
verdict also includes $94 million in punitive damages, to be paid
entirely by Mitsubishi.
``We wanted to send a message ... that we depend on our
employers for a safe workplace,'' said the jury foreman, who identified himself as James. Jurors spoke
to the media on condition that only their first names be used.
The jurors said they arrived at the $94 million figure for punitive damages by doubling the amount of
Mitsubishi's original $47 million contract for the roof construction project.
They also said they awarded $1.4 million to each widow for pain, suffering and mental anguish based
on the 14 seconds experts estimated it took for the three ironworkers to fall to the ground.
Robert Habush, a lawyer for the widows, argued that the ironworkers died because of an
``outrageous'' decision to perform the roof lift in winds gusting to 26 mph.
Mitsubishi attorney John Bell said the company should not have to pay any punitive damages for what
was an accident. He also said that the crane was not properly assembled and that a soft spot in the
ground caused it to lean.
Mitsubishi and Lampson have filed claims blaming each other for the accident.
The accident delayed completion of the Brewers' new stadium by one year and caused $100 million in
damage. Miller Park is to open in April.
Mitsubishi's attorneys declined to comment after the verdict. Lampson attorney Donald Carlson said
the company had not decided whether to file an appeal.
Carlson said Lampson will not have to pay any part of the award because of an indemnity agreement
in a contract signed by Lampson and Mitsubishi before the fatal crash. |
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