Mescall v. Structure-Tone, Inc.

Plaintiff, an ironworker, was injured when a crane that was lifting a 25-by-25-foot steel “screen” or “curtain” failed, causing the screen to fall some 20 feet in the air before striking plaintiff. Although defendant asserts that it instructed plaintiff to use steel “cradles” to prepare the screens for hoisting, plaintiff and the coworker attested that no such cradles were available on the date of the accident, and defendant adduces no evidence to the contrary. Thus, defendant cannot argue that plaintiff was a recalcitrant worker, or that his actions were the sole proximate cause of the…