A bizarre tragedy has struck at a construction site in New Jersey where Gary Anderson, 58, was hit and killed by a falling tape measure from 50 stories above. The one-pound tape measure came off a construction worker and hit Anderson who had just stopped to speak with another worker in a pick up truck.
The implausibility of the accident was magnified by the fact that the tape measure first dislodged from the belt of the worker and then hit construction equipment some 10 feet off the ground — only to ricochet and hit Gary Anderson.
There were so many factors in the chain of events that had to occur precisely to produce this result from a brief chat to the angle of the ricochet.
Obviously, there was negligence in the loss of the tape measure but the danger of falling objects is a long-standing danger for construction sites. Moreover, Anderson was not wearing a hard hat — a basic safety requirement at all such sites. Anderson worked for an independent trucking company delivering product for Charlotte, N.C. based National Gypsum. He was delivering sheet rock.
The absence of the hard hat would make a lawsuit difficult, though there can be recovery under worker’s compensation for the family.
Source: NJ
Anything can happen at anytime and you are poof! Creepy
@mespo
Once again, you demonstrate that your desire to be nasty to people trumps your desire to be accurate. Electrocution also means to INJURE by electric shock, not just to kill.
http://www.oxforddictionaries.com/definition/english/electrocute
Uh, do you have like a really severe inferiority complex???
Squeeky Fromm
Girl Reporter
And some folks know the English language, electrocution is death by accidental or intentional exposure to electric shock. So if dead, how did the driver “say he didn’t”? Do you really believe these fairy tales you tell? We don’t.
Nick,
“The worst construction accident I worked was @ the State of Illinois Building in the loop.”
Your parents might think otherwise.
Lived a fascinating life. Some are threatened and intimidated by it. Secure folks appreciate it.
Squeeky, You’ll love this one. Drywall/sheet rock delivery guys like the deceased here have cranes on their flatbeds to unload the very heavy product. I worked a case defending a construction company. The delivery guy started unloading the sheet rock @ an apartment building construction site. The general contractor had strung a power line about 20 feet from the ground into the building. The contractor foreman testified he pointed out the power line to the driver. The driver said he didn’t. Well the crane boom hit the wire and electrocuted the driver. It blew him off the truck. Now, electricity will exit through any opening. That’s often where the most damage is incurred. Well, it exited through his penis, blowing his entire package clean off!! The case settled for 5 figures. Maybe he was gay and God was punishing him.
Annie:
When the sun rises and sets on you of course everything else is about you. It’s the omnipotent, omniscient, om-done-everything, om-been-everywhere, om-held-every-job thing again. It was warm here in Richmond today. I suppose credit is due for that too.
@mespo
Why don’t you just be honest and admit that you didn’t pick up on the fact that victim was a trucker from out of state??? Every law you discussed was New Jersey law, and you just completely missed the fact that the estate has other options and maybe other states to consider as better venues.
I tried to suggest that to you nicely, but you decided to be snide, and now it has backfired on you. Serves you right!
Squeeky Fromm
Girl Reporter
You talk as slowly as you need to there, Squeeky. You’re wrong at any pace.
@Mespo
Thank you for confirming what I said!
I said, “Well, if the guy is a truck driver from out of state, it may not even be a New Jersey claim.”
You said, “The U.S. Supreme Court has ruled that the state where the injury occurred need not defer to another state’s WC remedies under the FFC clause.
Right on! The truck driver and/or his attorney may decide to bring any action somewhere else, sooo, and I will say it slowly for you, “i-t m-a-y n-o-t e-v-e-n b-e a N-e-w J-e-r-s-e-y c-l-a-i-m.”
Gee. They read, but they comprehend not.
Squeeky Fromm
Girl Reporter
Just pointing out the obvious. I don’t have the inclination or authority to “tell” anyone how to behave. Obama needs someone to point out the redwood he has on his shoulder. He would be a better politician if he had that Touchstone, instead of a Rasputin.
Presicely Mespo.
He thinks he got the WordPress issue fixed because HE complained about it, lol! Obama thread.
It’s amazing the arrogance people show in telling others how to behave. Physician heal thyself.
The barrister can’t comment w/o being condescending. WTF is it? He didn’t used to be like this. The law is not rocket science. I described what a good barrister would have to do in gathering facts to determine the course of action. I am not an attorney, but have worked thousands of cases like this. But, to start off w/ such condescension? I did learn NJ is a comparative negligence state, a question I said needed to be answered. Very good.
Chippy is no way to go through life. Share your knowledge and experience. Put the smug away. It may feel good going through life smug, but it only plays to the cultist choir. To the non elitist and “sewer cleaners” it is so played. And it diminishes you. This isn’t a political thread. Leave that horseshit on political threads and man up.
Rcocean:
In you comment about OJ, I guess you mean “jurors” not “jurists” but who knows with you. Amazing the esteem you show for your fellow citizens. I bet it’s reciprocal.
Like so many things you opine about without the least bit of expertise, that assertion is not accurate either, Squeeky. The U.S. Supreme Court has ruled that the state where the injury occurred need not defer to another state’s WC remedies under the FFC clause. Thus protection will always be afforded under NJ law. It will always be a NJ claim but the reoresentative may elect to bring it in another qualifying state if the benefits are better.
Well, if the guy is a truck driver from out of state, it may not even be a New Jersey claim.
Squeeky Fromm
Girl Reporter
These comments here are like a blind man describing an elephant. First NJ does have a workers comp bar precluding suits by employees against each other or their employers for simple or gross negligence. Only if the actions of the employer are intentional is the ban against filing common law suits waived. This is like most other states. In this case, if the deceased worker’s representative can recover under WC he cannot recover under a negligence theory. The question is whether he is a statutory employee of the employer so as to trigger WC coverage. Statutory employees are not employees in fact but are deemed so by operation of law. Usually deliverymen are not statutory employees of the employer in that they are not engaged in an intregal part of the trade, business or occupation of the construction company or alternately they may be deemed independent contractors. But you cannot know this without knowing a lot more facts. If the victim is not a statutory employee, he can make a claim for negligence against the offending person and his employer under the doctrine of respondent superior. The lack of helmet will probably not bar the negligence claim entirely but could reduce the recovery as New Jersey is a comparative negligence state. Only if not wearing the helmet contributed more than 50% to the death will the claim be barred in NJ.
rcocean, Good point, I forgot about the ricochet. Replicating that would be very difficult.