Matthew Marshall, Seta Sarabekian, Andre Karchemsky, and Michael Masto obtained summary judgment for an international tire and wheel manufacturing client in two related cases arising from a catastrophic workplace incident at the Port of Los Angeles involving a container handler that was improperly equipped with the client’s multi-piece wheel.
The incident resulted in the death of one mechanic and serious permanent injuries to another. The deceased mechanic’s family and the surviving mechanic each filed separate complaints for damages.
“While this was indeed a horrible accident with a tragic outcome, the evidence clearly demonstrated that the incident was entirely avoidable had the mechanics and their employer followed the mandated safety, inspection, and maintenance procedures that applied to multi-piece wheels like the one at issue in this case.” Marshall said.
The large top handler vehicle on which the wheel was installed is used to move shipping containers in port terminals and has a load capacity of over 70,000 pounds. Marshall argued to the Los Angeles County Superior Court that the client’s wheel was improperly installed on the top handler and had not been properly maintained by the terminal employer.
Due to the improper use of the wheel on this machine, and the failure to regularly inspect the wheels for damage, the rim base of the wheel had developed internal fractures that were not visible beneath the tires. While attempting to change the tire on the wheel, the mechanics failed to first deflate the tire before attempting to remove it, notwithstanding the OSHA and industry standards that required them to do so in all circumstances. Once the mechanics removed all but one of the lug nuts and clamps from the tire and wheel, the explosive force of the still-inflated tire caused the fractured wheel to separate and violently propel the tire outward into the path of both mechanics, instantly killing one mechanic and seriously injuring the other.
“This multi-piece wheel has several interlocking components that are held together tightly when the tire is inflated. If the rim components are cracked, or otherwise damaged, they won’t fit together correctly and are at risk of separating if the tire is removed without first deflating it entirely. Thus, it was imperative for the mechanics to first deflate the tire, which they sadly and inexplicably failed to do in this case,” Marshall said. “The Plaintiffs argued that the wheel manufacturer should have included warnings that the wheel at issue should not be installed on top handler machines or used in a marine environment, which, they asserted, could contribute to corrosion of the wheel, and in turn, internal cracking. Nonetheless, the court concluded there was insufficient evidence that the lack of such warnings caused the accident to occur.”
Original source can be found here.