Swank v. Terex Utilities, Inc.

Plaintiff was injured while working for his employer, ES&A Sign and Awning Company (ES&A), when the boom of a crane, along with the basket in which plaintiff was riding, fell due to the failure of the crane’s rotator-bearing assembly. Plaintiff brought an action against defendant Manitex, Inc., a Texas corporation, claiming that Manitex was negligent in several respects in conducting a “field campaign” to address a defect in the crane’s rotator-bearing assembly, which resulted in ES&A failing to properly repair the defect.1 After raising the defense of lack of personal jurisdiction under…