Three men were attempting to pull a stump out of the ground by attaching a chain to the stump and to the back of a cement mixer. One man was inside a bobcat which was driven down into a hole that had been dug under the stump so that he could push on the stump while the cement mixer, driven by the second man, pulled on the stump. Our client, the third man, was standing to the side of the cement mixer giving hand signals to the driver directing him when to pull and when to stop, based on the readiness of himself and the man in the bobcat. On the second attempt to pull the stump out, the driver of the cement mixer did not wait for our client to give the hand signal stating that he was ready. The driver hit the gas pedal causing the chain to pull and snap and hit our client in the right arm, lifting him off the ground and flinging him across the street, and causing a very serious open fracture. After three surgical procedures, our client was left with a large scare on his right forearm and permanent weakness in the arm.
The Defendant, the driver of the cement mixer, blamed the man driving the bobcat for our client’s injuries simply because he had come up with the idea to remove the stump using the cement mixer. Our client contended that his injury would not have occurred at all had the driver of the cement mixer simply waited for the hand signal from our client stating that he was ready and at a safe distance from the chain.
This case went to trial; however there was concern of jury misconduct, and the case settled shortly after for an agreed $200,000.00.