Settlement News

PRESS RELEASE
April 9, 2009

$2.1 Million Settlement For Horrific Accident Awarded

A $2.1 Million Dollar settlement was reached some nine (9) years after the tragic loss resulting in the death of Benjamin Munoz, as well as catastrophic injuries sustained by Marino Medina by Attorneys, Ronald Rodman, Daren Stabinski and Pamela Beckham.

On February 7th, 2000, Benjamin Munoz and Marino Medina, both avionic technicians for Fine Airlines, were involved in a horrific accident at Miami International Airport while operating an eighty (80) foot aerial boom lift truck commonly referred to as a cherry picker. While suspended some fifty-six (56) feet in the air in the process of repairing a radio antenna coupling on the tail wing of a DC-8 the cherry picker tipped over with both individuals in the operator’s basket.

A lawsuit ensued as a result of this accident involving both intentional tort claims against Fine Airlines, the employer, as well as products liability claims against the manufacturer, Snorkel Lift and its various subsequent purchasers. Plaintiffs’ counsels vigorously pursued this suit despite significant legal hurdles including: a bankruptcy stay filed by Fine Airlines; a defense of worker’s compensation immunity asserted by Fine Airlines; and obstacles presented by the statute of repose a defense asserted by the manufacturer.

The eighty (80) foot aerial boom lift was originally manufactured for Florida Power & Light in the year 1978 and purchased by Fine Airlines at auction in 1994. The design defect aspects of the Plaintiffs claim involved the failure to implement a boom and outrigger interlock system which prevented the boom from being raised in the absence of the outriggers being extended. The claims against the employer involved numerous OSHA violations. A confidential settlement was reached with the airline defendants in this matter.

Plaintiffs overcame the statute of repose issues and an eventual appeal by the Defendants, demonstrating that the manufacturer, Snorkel, continued to inspect and maintain the equipment while in the possession of Florida Power & Light from 1978 through 1993.

A "Smoking Gun" document was discovered by the Plaintiffs in the engineering library of the Defendants, Chicago expert, Ralph Barnett, P.E. This document indicated that despite Defendants assertions that state of the art design at the time of manufacture did not permit the use of a boom/outrigger interlock system, Snorkel Lift pursuant to their "1983 interlock system review", had manufactured and retrofitted multiple units of the same size and corresponding date of manufacture with an interlock for both the airline and construction industries.

Both, Rodman and Stabinski concurred, "the battle was difficult and fraught with complications, but both litigants are somewhat comforted by the resolution of this matter". The respective settlements with the manufacture defendants were Seven Hundred and Fifty Thousand Dollars ($750,000.00) for the Estate of Benjamin Munoz and One Million Three Hundred and Fifty Thousand Dollars ($1,350,000.00) for Plaintiff, Marino Medina.

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