Cliff Harrison Wins Defense Verdict in Crane Tipover Case

Cliff Harrison, of Harrison, Bettis, Staff, McFarland & Weems, LLP in Houston has won a defense verdict for Terex in a case in which the plaintiff had alleged defective design and marketing of a Terex “Rough Terrain” crane which tipped over after the rear axle lock out system had been disconnected, presumably to allow for a smoother ride for the operator. The plaintiff had picked up the outriggers, raised the boom, and swung the boom to the right. He then climbed out of the cab in an effort to clean mud from the floor, neglecting to set the swing brake. The boom swung, the counterweight moved the center of gravity over the left rear tire, and the crane tipped backwards, seriously injuring the plaintiff. The case was tried for two weeks in Brazoria County, south of Houston. The jury returned its verdict on September 10, 2010, and found no marketing defect and no design defect, and also found that the cause of the accident was the plaintiff’s negligence.