Thursday, April 26, 2012

Crane Collapse Kills 2-Company Not Charged

Story first appeared in Reuters.

A Manhattan state judge on Thursday acquitted a construction company owner of manslaughter for a crane collapse that killed two workers in May, 2008 and raised fears about high-level building projects in New York.

The nearly 200-foot-tall crane that snapped in half and crashed onto a building on the Upper East Side, and the owner of the crane was acquitted of all charges. His companies, New York Crane & Equipment Corp. and J.F. Lomma, were also acquitted. New York Construction  Lawyers are outraged at the acquittal.

The accident came two months after another crane operated by the same company in Manhattan collapsed and killed seven people. The incidents fueled fears about safety and prompted the city to adopt new inspection rules. The owner was not charged in the first incident.

Thursday's verdict was a setback for the Manhattan District Attorney's efforts to hold construction companies responsible for fatal accidents at their job sites.

The Manhattan Supreme Court Acting Justice, who heard the case without a jury at the owner's request, did not elaborate on his not guilty verdict after a trial that lasted two months.

Prosecutors argued that the company skimped on a crucial repair by buying a key part from an obscure Chinese company rather than a more reputable manufacturer, which would have cost more and taken months longer. He then deceived city building inspectors about the fix, prosecutors said.

A month later, they said, the part failed and caused the crane to collapse, killing its operator a worker on the ground. Defense lawyers said the accident was caused by operator error.

The families have filed a civil lawsuit against the company.

The case showed the serious and fatal consequences when profit is put ahead of safety.


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