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Plaintiff was a Laborer/Grade Checker who was working at a project involving grading and applying a new asphalt surface to a parking lot. The Defendant was a Contractor that was grading the parking lot utilizing a skip loader.

At the time of the accident, the Plaintiff was taking measurements near a trash enclosure. The Defendant was in the nearby vicinity, operating the skip loader, and struck and injured the Plaintiff's hand with the skip loader bucket.

Plaintiff contended that the Defendant negligently operated the skip loader, claiming that the Defendant's use of the skip loader was below the industry standard of care. Plaintiff also contended that he acted safely while he was positioned at the trash enclosure, putting his hand on the wall of the enclosure for balance.

The Defendant contended that the Plaintiff violated Regulations by placing the Plaintiff's hand against the enclosure wall. The Defendant also argued that the Plaintiff was responsible for keeping the skip loader in sight at all times and recognized the bucket.

WEXCO's Construction Accident Analysis Team was retained as the Safety & Construction Expert relative to:

  • Evaluation of the safety of the skip loader operation regarding conformance with applicable Codes, Regulations, and industry standards.
  • Analysis relative to the roles and responsibilities of the Plaintiff and Defendant Skip Loader Operator in comparison with contractual obligations and the standards within the industry.
  • Evaluation of the Plaintiff and Defendant's actions relative to safe worker conduct.
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Dr. Stephen C. Wexler: 40 years experience in construction, construction management, safety and related. Unusual combination of safety engineering and construction and civil engineering permits separate areas within construction, safety, and premises liability. 6 years Instructor at UCLA Evening Extension in Engineering & Construction Management, and 4 years US Navy Seabees Instructor for Construction Management - Port Hueneme, CA and Gulfport, Mississippi.

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