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Case of the Month July 2010

Worker Crushed in Excavator Bucket Fall Receives $4M Settlement

Szuta v. Kelbe Brothers Equipment

Products Liability - Tools/Equipment/Machinery
Products Liability - Motor Vehicles-Other
Construction & Industrial Accidents - Equipment
Construction & Industrial Accidents - Falling Object
Labor & Employment - Work Place Injury
Labor & Employment - Workers Compensation

Specific Liability:
Excavator's defective locking lever resulted in bucket fall

General Injury:
Crushing injuries to middle and lower extremities, medical expenses, lost wages

Jurisdiction:
State: Wisconsin
Court: Waukesha County.

Related Court Documents:
None.

Case Name:
Alan R. Szuta and Selima Szuta v. Kelbe Bros. Equipment Co. Inc., Sentry Insurance Company, LBX Company LLC, Mitsui Sumitomo Insurance Company of America, Westchester Fire Insurance Company, Hendrix Manufacturing Company Inc. and Acuity, A Mutual Insurance Company

Docket/File Number:
2005CV2997

Settlement:
Plaintiff, $4,000,000.00

Settlement Date:
Nov. 5, 2009

Judge:
Michael O. Bohren

Attorneys:
Plaintiffs: Daniel A. Rottier and Christopher E. Rogers, Habush Habush & Rottier, Madison, Wis.

Defendant (Kelbe, Sentry): William Katt and Julie Belanger, Leib & Katt, Milwaukee, Wis.

Defendant (LBX, Mitsui): Patrick Brennan and John Domaszek, Crivello Carlson & Mentkowski, Milwaukee, Wis.

Defendant (Westchester Fire): Michael Knippen, Traub, Lieberman, Strauss & Shrewsberry, Chicago, Ill.

Defendant (Hendrix): Ronald G. TSzze Jr., Peterson, Johnson & Murray, Milwaukee, Wis.

Defendant (Acuity): Ryan Woody, Matthiesen, Wickert & Lehrer, Hartford, Wis.

Trial Type:
Settlement

Experts:
Plaintiffs: Daniel Pacheco, PE, vehicular accident analyst, Polytechnic, Inc., Northbrook, Ill.; Dennis Skogen, PE, accident reconstructionist, Skogen Engineering Group, Madison, Wis.; Kevin L. Schutz, vocational counselor, Professional Rehabilitation Service, Madison, Wis.; Karl Egge, PhD, economist, Macalister College, St. Paul, Minn.

Defendants: None mentioned

Breakdown of Settlement:
$4,000,000.00 to plaintiff

Summary of Facts:
Alan Szuta, 44, in the scope of employment began preparations May 25, 2004 to change the oil of a Link Belt excavator equipped with a Hendrix J.B. Quick Coupler purchased from Kelbe Bros. Equipment Co., Inc. through LBX Company, LLC.

Szuta asked his employer to move the excavator's cab and boom arm to allow him easier engine access. The excavator bucket's locking lever reportedly missed the link-pin. The bucket released from the quick coupler, fell, struck some debris and landed on Szuta crushing his middle and lower extremities.

Kelbe was insured through Sentry Insurance with a $500,000 liability limit and $10 million excess liability limit.

LBX was insured by Mitsui Sumiotomo Insurance Company of America with a $3 million liability policy limit and $7 million excess liability policy limit as well as with Westchester Fire Insurance Company with a $3 million liability limit.

Szuta was covered by workers compensation insurance through Acuity.

Alan Szuta and his wife Selima Szuta filed a complaint in the Waukesha County Circuit Court against Kelbe, Sentry, Mitsui Sumitomo, Westchester Fire, Hendrix and Acuity.

The plaintiffs alleged the quick coupler-locking lever was defective resulting in it periodically overriding and missing the link-pin. They claimed this defect resulted in the bucket falling and crushing Alan.

They made a claim for $741,693.83 in past medical expenses, $900,000 in future care needs, $142,000 in past lost earning capacity and $528,000 to $889,000 in future lost earning capacity.

The defendants asserted Alan and his employer violated traditional worksite safety practices when Alan entered the boom arm's swing area while it was in operation. The employer allegedly failed to properly test for a secure bucket attachment before moving the boom arm. It also reportedly failed to replace a missing coupler closure spring, failed to fix a leaking closure cylinder hose and the switch box's inoperative warning buzzer and failed to install a mechanical lock kit to prevent unintended attachment disengagements.

According to Szuta's attorney Christopher E. Rogers, the plaintiff was prepared to offer substantial evidence of other incidents that occurred throughout the country resulting from the alleged defect.

The matter was settled Nov. 5, 2009 in the amount of $4 million.

Court: Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2009 WL 6323758

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 5, Iss. 11, p. 24 (2010)