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Products Liability Keyed Owen, 8th Ed.
Mesman v. Crane Pro Services, a Division of Konecranes, Inc.
Citation:
409 F.3d 846 (2005)Facts
Infra-Metals hired Konecranes to renovate an old crane used for unloading steel sheets from boxcars. The renovation included replacing the controls in the operator’s cab with a hand-held remote-control device, allowing operation from ground level. Although the cab was no longer used, Konecranes did not remove it. The renovated crane had a deceleration feature that caused a three-second delay when switching from up to down motion, during which time the crane would continue to rise about one foot before stopping and reversing. On the day of the accident, crane operator Van Til was using the remote control while Mesman was in the boxcar fastening steel sheets to the crane. When Van Til saw the spreader beam about to hit the cab, he pressed the down button instead of the emergency-stop button. Due to the deceleration feature, the beam continued to rise, hit the cab, and caused the load to fall on Mesman, resulting in severe injuries.
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