McCormick v. Bucyrus-Erie Co.

400 N.E.2d 1009, 81 Ill. App. 3d 154, 36 Ill. Dec. 429, 13 A.L.R. 4th 461, 1980 Ill. App. LEXIS 2344
CourtAppellate Court of Illinois
DecidedFebruary 7, 1980
Docket79-252
StatusPublished
Cited by10 cases

This text of 400 N.E.2d 1009 (McCormick v. Bucyrus-Erie Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCormick v. Bucyrus-Erie Co., 400 N.E.2d 1009, 81 Ill. App. 3d 154, 36 Ill. Dec. 429, 13 A.L.R. 4th 461, 1980 Ill. App. LEXIS 2344 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

Plaintiffs Hewlee McCormick and Robert Geary appeal from a judgment entered against them, after a jury trial, in a strict liability action against Bucyrus-Erie Company.

The plaintiffs are construction workers who were injured when the boom of a Bucyrus-Erie Super 30-B crane collapsed while lifting a 25-ton load during concrete pier work being done for the proposed new bridge over the Illinois River at Pekin. The plaintiffs’ actions against BucyrusErie, the manufacturer of the crane, were premised on strict liability and were based on alleged inadequate warnings and instructions. The jury returned a general verdict in favor of the defendant Bucyrus-Erie and the circuit court entered judgment thereon. On this appeal the plaintiffs raise issues concerning several of the court’s evidentiary rulings, its refusal to give a jury instruction on warnings, and alleged improper references by defense counsel to “collateral sources.” Plaintiffs also contend that the court erred in not granting them a new trial, since they asserted they had proven their cases by the manifest weight of the evidence.

The record discloses that in April 1975, S. J. Groves and Sons, a Minneapolis construction company, entered into a joint venture agreement with Midwest Foundation Company of Tremont, Illinois, preparatory to submitting bids for work to be performed on a new bridge crossing over the Illinois River at Pekin. The work to be done consisted of the erection of piers to support the substructure of the bridge. Both Groves and Midwest Foundation were defendants in this lawsuit, but the actions against them had been resolved prior to trial. Groves and Midwest Foundation leased cranes for the pier work from Midwest Equipment Leasing, a sister corporation of Midwest Foundation. Two cranes were brought to the job site near the banks of the Illinois River. At the time of the accident involved in this case, a 2900 Manitowac (60-ton capacity) crane was positioned on the east side (the Pekin side) of the river, and a Bucyrus-Erie Super 30-B was located on the west side of the river.

In the construction of the concrete piers for the substructure of the bridge, Groves utilized huge metal forms which were set on footings, bolted together, and then filled with concrete. The largest of these forms, the face forms, measured 60-64 feet in height, 28 feet in width, and they were 6 to 8 inches thick, in the overall shape of a parabolic curve. The face forms weighed approximately 50,000 pounds. There were two large face forms and two smaller end forms which were assembled together, using the crane, to form the completed pier form. The site of Pier 6 (that involved in the instant case) was approximately 500 to 600 feet west of the river. The pier itself was to have consisted of two stems or individual piers, separated by 35-40 feet but resting on a common footing.

Prior to beginning the work of assembling the forms, it was necessary to add a 20-foot section of boom onto the existing 80 feet of boom in order to accommodate the largest forms. Calculations were also made, by the project manager for Groves, concerning the weight of the forms to be lifted and the lifting capacity of the 30-B with a 100-foot boom. He calculated that the face forms weighed 50,000 pounds and that the 30-B, with 100 feet of boom and an 80-degree boom angle, was capable of lifting 58,000 pounds. In calculating the latter figure, the project manager used information available on a load chart of the 30-B, which chart gave specified lifting capacities at various boom angles and boom lengths. While there was no figure given for a boom angle of 80 degrees and 100 feet, he used the available information and extrapolated from that to reach the 58,000-pound figure. A correct calculation would have indicated that the crane with 100 feet at 80 degrees would have a capacity of only 47,500 pounds. Based upon the calculations he had done, Groves’ project manager concluded that the 30-B could make the lifts of the face forms that were required to be made on the west side of the river. There had been discussions among the management personnel for the joint venturers about the desirability of moving the other crane, the 2900 Manitowac with a 60-ton capacity, over to the west side of the river in order to make the lifts of the heavy forms. It was decided not to bring the larger crane over from the east side of the river, in part because of the high cost and delay ($25,000 and 3 days) involved in such a move. Additionally, calculations suggested that the 30-B, with the added boom, at 80 degrees, could make the required lifts.

When Groves was ready to make the first lift of the large face form weighing 50,000 pounds, it was decided to add additional weight to the rear of the 30-B crane. Addition of such extra weight to the rear would have the effect of preventing the crane from tipping, should it have a lift near its capacity. The rear of the 30-B was tied down to the draw bar of a bulldozer. The crane operator who was on the job site at that time refused to make the lift, feeling that he had too little experience with a lift of that size and weight. Another operator was brought in to make the lift of the large face panel. The lift was made and the face panel was put in place, without serious incident, on the west side of the north pier of Pier 6. Both end panels were also put in place on the north pier. After those lifts had been made, plaintiff Hewlee McCormick, an experienced crane operator and former business agent for the operating engineer’s local union, was brought in to make the remaining lifts. Prior to any additional lifts, it was decided by Groves personnel not to use the bulldozer tied to the rear of the crane as it apparently hampered the crane’s movement. The crane was a crawler type which ran on tracks. Instead of the bulldozer tied to the back of the crane, Groves personnel added an air hammer, weighing between 8700 and 9500 pounds, to the back of the crane as additional counterweight. The crane carried a manufacturer’s counterweight of 30,000 pounds. The effect of using added counterweight, as noted, would be to prevent the crane from tipping when attempting the heavy lift, and thereby the effect would be to allow the crane to make a lift it might not have otherwise been able to make. McCormick knew that adding such counterweight was not good practice, although it was common in the construction industry. Jerome Green, president of Midwest Equipment and Midwest Leasing, disapproved of adding that additional counterweight and informed a foreman for Groves, but the extra weight was still used. Dennis O’Geary, a vice-president of S. J. Groves and Sons, also testified that the addition of extra counterweight, other than that designed for a specific crane, was a violation of OSHA safety rules.

In July £975, the large face panel on the west side of the north stem and both end panels of the north stem were already in place. McCormick and the 30-B then made the lift on the large face panel for the east side of the north stem. That form, with a weight of 50,000 pounds, was lifted to a vertical position and carried by the 30-B a distance of some 200 feet to the footing placement on the north stem. The form was put in place and secured. The form work on the north stem of Pier 6 was thus completed and the concrete was poured. The concrete was allowed several weeks to set up or harden.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Loeffel Steel Products, Inc. v. Delta Brands, Inc.
372 F. Supp. 2d 1104 (N.D. Illinois, 2005)
Carlson v. Freightliner LLC
226 F.R.D. 343 (D. Nebraska, 2004)
Dewick v. Maytag Corp.
324 F. Supp. 2d 889 (N.D. Illinois, 2004)
Uhr v. Lutheran General Hospital
589 N.E.2d 723 (Appellate Court of Illinois, 1992)
Oberg v. ADVANCE TRANSFORMER CO., INC.
569 N.E.2d 50 (Appellate Court of Illinois, 1991)
Bartsch v. Gordon N. Plumb, Inc.
485 N.E.2d 1105 (Appellate Court of Illinois, 1985)
Jack Frost Sales, Inc. v. Harris Trust & Savings Bank
433 N.E.2d 941 (Appellate Court of Illinois, 1982)
Hooper v. Mizyad
424 N.E.2d 851 (Appellate Court of Illinois, 1981)
Nelson v. Hydraulic Press Manufacturing Co.
404 N.E.2d 1013 (Appellate Court of Illinois, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
400 N.E.2d 1009, 81 Ill. App. 3d 154, 36 Ill. Dec. 429, 13 A.L.R. 4th 461, 1980 Ill. App. LEXIS 2344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-bucyrus-erie-co-illappct-1980.