Construction Defect Partner David Rosinsky, Esq., and Junior Partner Raul Flores, Esq., obtained successful risk transfer in a crane accident with serious personal injuries. In the matter styled Cecchi v. Beyel Brothers Crane and Rigging of South Florida, Plaintiff fell 20-feet when a suspended 5,680 lb steel eye beam struck the scissor lift he was standing on. He suffered a fracture of his left hip and pelvis, requiring multiple surgeries, and resulting in a significant workers' compensation lien. Plaintiff sued our clients, the crane company and crane operator, for gross negligence in the operation of the crane that hoisted the eye beam. Based on an indemnification provision in the crane rental agreement with Plaintiff’s employer, which included the rental of the crane and the lending of the crane operator, we served a tender request to Plaintiff’s employer for the defense and indemnification of our clients. After the employer failed to serve a response, a third-party complaint was filed against the employer for contractual indemnification and breach of contract on the duty to defend. The employer subsequently accepted our tender request and ultimately settled with Plaintiff with zero contribution from our clients. Read more