$1.14 million award in '94 crane accident
By George Flynn, Houston Chronicle
A jury has assessed $1.14 million in damages against a company for negligence in an accident in which a construction worker was crushed by a crane in 1994.
Jurors found that Wright & Associates Project Management Group Inc. has a majority of liability in the critical injuries to Michael E. Fogle, a rigger who was working on a project at the Nalco Chemical Co. in Sugar Land.
Fogel, 38, was found to be 35 percent liable, which will reduce the proposed award to him by that percentage. However, Fogle attorney John Kim said pretrial interest amounts will raise the overall award to about $1.22 million.
"We are grateful that Michael will be able to obtain the care that is needed for him in the future," Kim said Friday. "This verdict sends a strong message that construction safety is a team effort, and it is critical to have the involvement of all in that effort."
Jurrors returned the verdict late last week in the court of state District Judge Scott Link.
On Jan. 7, 1994, Fogle had followed orders of Wright personnel and attached chains to a large Dumpster so it could be moved by a crane. But the 15-ton crane had brake problems, causing it to surge forward and crush Fogle against the Dumpster.
Fogle continues to suffer from head injuries, partial paralysis and blurred vision. A crushed pelvis makes it difficult for him to walk, and he is required to take extensive pain medication.
Kim presented evidence of safety lapses on the project, including the failure to obtain proper permits from the Occupational Safety and Health Administration. Wright was responsible for the safety coordination of the project.
