American Pecco Corp. v. Eastern Foundation Co.
American Pecco Corp. v. Eastern Foundation Co.
Opinion of the Court
In May 1964, a large construction crane owned by Concorp, Inc. (Concorp), a general contractor, fell on its job site in Ross-lyn, Virginiá, killing one person, injuring others, and causing property damage.
Because of the size of the crane
The trial judge concluded that the proximate cause of the accident was the improper splice which gave way, and not the broken turnbuckle or the allegedly defective deadman. He further found that “[bjoth companies had control of the job. Likewise, both companies were experts; American Pecco in the erection of cranes and Contractors Transport in the rigging of towers.” He therefore found them jointly liable to appellees herein. Concorp was held not to be liable, on the ground that it exercised reasonable care in the selection of its subcontractors. Pecco and Transport appeal, each questioning their own liability, and also cite as error the denial of their claims against Concorp.
Pecco and Transport each claim that the other had supervision over the erection of the crane and therefore was responsible for its subsequent collapse. Also, each disavows any expertise in the assemblage of the crane. However, the record is clear that employees of Pecco were aware of the fact that the cable was imperfectly spliced but yet took no affirmative steps to correct this defect. The record further shows that Transport professed to be experienced in putting up guy wires on tall structures that would bear stress. Moreover, its own evidence disclosed that its employees had sufficiently recognized the impropriety of the splice to prompt comment to Chambers. Under the circumstances Transport can scarcely disclaim knowledge of what constituted improper cable work.
Further, even assuming arguendo that Transport’s men became servants of Pecco and prepared the improper splice under Pecco’s direction, they could not be absolved of responsibility for their own acts, if they knew them to be negligent. Ciejek v. Crane Service Co., 122 U.S.App.D.C. 91, 95, 351 F.2d 788, 792 (1965); 57 C.J.S. Master and Servant § 577 (1948).
There is strong public policy which dictates that a tort-feasor should be personally answerable for injuries which he inflicts on third persons, or their land, regardless of whether or not he is acting as agent or servant of another.
Valley Forge Golf Club v. L. G. DeFelice & Son, Inc., 124 F.Supp. 873, 875 (E.D. Pa. 1954) (emphasis in original).
The cavalier attitude of both companies,
After a careful review of the record we are of opinion that there was substantial support for the trial court’s findings with respect to proximate cause and the joint liability of Pecco and Transport, D.C.Code 1967, § 17-305(a), and the non-liability of Concorp. Washington Air Compressor Rental Co. v. National Union Ins. Co., D. C.Mun.App., 165 A.2d 482, 485 (1960).
Affirmed.
. Additional litigation is now in progress in other jurisdictions.
. It was unclear from the record whether the sales agreement was entirely written or partially oral.
. The crane was 72 feet high and had a boom 130 feet in length. It also had. a 50 foot counterjib opposite the boom for holding ballast.
.There was testimony that the lower guy wires were required only during the erection of the crane and were not necessary to keep it in an upright position while in actual operation. However, these lower wires, so-called “construction” cables, were left in place after erection of the crane as an additional safety measure.
. Transport apparently felt some constraint to take further action because of its desire to maintain friendly relations with Pecco, who had recommended it for this and other jobs.
Reference
- Full Case Name
- AMERICAN PECCO CORPORATION v. EASTERN FOUNDATION COMPANY, Inc., Concorp, Inc., Contractors, Transport Corporation, Wittstatts, Inc., Appellees CONTRACTORS TRANSPORT CORPORATION v. EASTERN FOUNDATION COMPANY, Inc., Concorp, Inc., American Pecco Corporation, Wittstatts, Inc.
- Status
- Published