Sullivan v. Genie Industries
This Massachusetts Superior Court case involved a lack of conspicuity claim involving a Genie aerial lift being used on the Big Dig project in Boston. The operator of the 60 ft aerial lift was driving on a public way from one section of the construction site to another when the lift’s operator’s basket was struck by a pickup truck driven by a co-worker. The co-worker claimed he didn’t see the lift. After the deposition of Genie’s 30 (b) (6) designee, the case was dismissed with prejudice with no payment by Genie. The plaintiff proceeded to trial against the construction manager for the project who had allegedly failed to provide a safe pathway for movement of the lift on the construction site and recovered a multi-million dollar verdict.
