Beaumont, Texas Mobile Crane Negligence Settles for $4.8 Million

On February 27, 2016, a mobile crane tipped over while placing an overhead sign on Highway 69 in Beaumont, Texas. The crane's frame and boom struck two separate vehicles operated by two drivers. Both drivers sustained injuries and were transported to the emergency room.

The injured drivers filed a lawsuit against American Technology Consultants Inc. (ATCI), the employer of the crane operator, and Oldcastle Materials Co., which had contracted ATCI for the work. The plaintiffs alleged ATCI was negligent for failing to use the crane's outriggers during the lift. ATCI's corporate representative reportedly acknowledged in a deposition that not using the outriggers was dangerous. Oldcastle denied direct involvement in the work.

One plaintiff claimed a severe head laceration, concussion, traumatic brain injury, cognitive impairment, and herniated discs, asserting significant medical expenses and a lost career opportunity. The other plaintiff alleged a herniated cervical disc and bulging lower back discs, requiring ongoing physical therapy and injections, and considered a possible candidate for fusion surgery. The defense countered that the first plaintiff had no skull fracture or brain injury on imaging, possessed a history of prior head injuries, and had an inconsistent work history. For the second plaintiff, the defense cited a prior history of neck and back complaints.

The case settled for $4.8 million in mediation, four days before a scheduled trial setting. One plaintiff's claims resolved for $3.8 million, and the other plaintiff's claims settled for $1 million. The settlement funds were drawn from ATCI's primary $1 million insurance policy and a portion of a joint $5 million excess policy covering both defendants.