Judge allows additional defendant in construction suit (UPDATE)

Listen to this article

By Beth Kevit

Ideal Crane Rental Inc. and Spancrete Industries Inc. soon could go head-to-head in court over who was at fault when a construction worker broke his heel jumping from a truck to dodge a swinging concrete slab.

According to court documents, Michael Mayer, an employee of Waterford-based NEW Transportation Group LLC, was delivering concrete for a project at Racine Metal-Fab Ltd. in Sturtevant on July 6, 2011. Mayer, according to documents, was on a flat-bed truck when the slab swung toward him.

Mayer jumped from the truck, broke his right heel and required surgery, according to a letter attributed to Matthew Bong, a physician with Orthopaedic Associates of Wisconsin. Mayer can expect lifelong stiffness, discomfort and difficulty walking on uneven surfaces, according to the letter.

Mayer, his wife and their health insurance company sued Ideal in January, claiming the company is liable for damages stemming from the injury. According to court documents, Mayer’s medical bills came to about $16,900, although he is seeking unspecified damages.

But Ideal denied the allegations, claiming Mayer’s negligence caused his injury, according to documents.

Ideal sought permission recently to file a third-party complaint against Spancrete, alleging in a draft third-party complaint that Spancrete failed to secure the work area, train employees and maintain communication with the crane operator. Ideal alleged the same of NEW Transportation and its owner, Neil Williams, according to the draft complaint.

Milwaukee County Circuit Judge Paul Van Grunsven on Wednesday granted permission and set an Oct. 19 deadline for Ideal to official file a third-party complaint against Spancrete.

A Spancrete representative did not immediately respond to a request for comment.

Williams was not immediately available to comment.

Mark Baus, an attorney with Milwaukee-based Murphy & Prachthauser SC who is representing the Mayers, sought and received permission Wednesday to depose Douglas Lee, an Ideal employee whom Baus claimed was operating the crane.

Ideal tried to postpone that deposition until after filing its third-party complaint, but Van Grunsven ordered Ideal make Lee available for questioning by Sept. 24.

Ideal’s attorney, Michael Vescio, of Milwaukee-based SmithAmundsen LLC, deferred to court documents in refusing to comment after Wednesday’s hearing.

Editor’s Note: This story was corrected Sept. 6, 2013, to reflect Ideal Crane Rental does not deny it owned the crane involved in a July 6, 2011, incident that is now the subject of a lawsuit. Ideal also does not deny it employed the crane operator.