Wisconsin Supreme Court to Hear Big Blue Crane Accident Case

October 26, 2004 - On Thursday, a lawsuit related to the 1999 Big Blue crane accident in which three workers were killed, goes to the Wisconsin Supreme Court, reported the Milwaukee Journal Sentinel yesterday. The outcome of the case has ramifications for state public policy, workplace safety, and the cost of insurance in Wisconsin.

This Thursday, lawyers representing various interest groups will argue the case before the state high court. The court will consider two questions: whether the $94 million punitive damages awarded by a Milwaukee County jury in late 2000 against Mitsubishi Heavy Industries of America was unconstitutionally excessive, and whether state law requires a person seeking punitive damages to prove that the defendant intended to cause injury.

The Supreme Court will hear first from Robert Habush, the trial lawyer who represented the three families in the trial. The justices will then hear from Ralph Weber, who represents Mitsubishi, and then two other lawyers representing insurance interests.

In December 2000, a jury concluded that officials from Mitsubishi Heavy Industries of America, the company hired to build and erect the radial, retractable roof at Miller Park, displayed “an intentional disregard of the rights of the plaintiffs” to expect a reasonably safe workplace. But the Court of Appeals disagreed. In a 2-1 vote in September 2003, the court reversed the punitive damage award, calling the tragedy an accident.

For a full report on the arguments being presented before the Wisconsin Supreme Court, go to the Milwaukee Journal Sentinel.