Robert M.N. Palmer, the Law Offices of Robert M.N. Palmer, for Plaintiffs. Bruce S. Dickinson for Defendant Morrow Crane Service, Joseph N. Stella for Defendant Liebherr-Werk Biberach GmbH, Nancy D. Savage for Defendant Perini Building Co. d/b/a Mardian Construction Co., and Richard Parnell for Defendant Coker Equipment Company.

On June 2, 1989, Clarence Cordell was operating a high tower crane rented to his employer by Defendant Coker Equipment Co. For some time prior to the accident, Mr. Cordell had complained to Coker regarding leaking fluid and other maintenance problems. While leaving the cab (nearly 200 feet in the air), Mr. Cordell slipped on the leaking hydraulic fluid and fell approximately 10 feet through the vertical superstructure of the crane, injuring his back. Mr. Cordell attempted to return to work the following day, but sought medical treatment shortly thereafter for his continuing pain from the back injury. Diagnostic tests revealed a substantial bulging disc. The condition was treated conservatively, and Mr. Cordell returned to full-time work in September 1989.

Seven months later, Mr. Cordell was operating another high tower crane leased to his employer by Morrow Crane Service. This crane, manufactured by Liebherr-Werk Biberach GmbH, was not equipped with air conditioning, and work in the severe heat of the Las Vegas area required some ventilation of the crane's cab. Evidence indicated that the custom of professional operators in such non-air conditioned circumstances typically was to operate the crane with the floor hatch of the cab open, creating a draft to help cool the cab. On April 13, 1990, Mr. Cordell was entering the cab through the roof hatch after checking some cables above the cab. While climbing through the roof hatch, his right leg -- which had progressively gotten worse from the first fall -- gave out from under him, causing him to fall through the open floor hatch immediately below. He fell approximately 10 feet, rupturing the disc previously injured in the 1989 fall. Evidence developed during the preparation of this case revealed that Mr. Cordell also sustained a substantial closed head injury in the second fall. As a result of his injuries, Clarence Cordell was totally disabled.

Plaintiffs proceeded against Coker Equipment Co. for its failure to properly maintain the first crane, and for permitting oil and grease to be in the path of the operator of the high tower crane, thereby creating an extremely dangerous work environment. Coker filed a third-party claim against Mr. Cordell's employer, Perini Building Company. Plaintiffs also pursued a product liability claim against Morrow Crane Service and Liebherr-Werk Biberach GmbH, on the theory that the cab of the second crane should have been equipped with an air conditioner, or that the floor hatch should have been equipped with a grate which would have allowed ventilation yet would have prevented the fall.

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