LABORER WINS LAWSUIT: Excavating company ordered to pay $1.6M

Clark County

Discussion

January 28, 2010

By MATT THACKER The News and Tribune Thu Jan 28, 2010, 09:43 PM EST

A Jeffersonville man and his wife were awarded nearly $1.6 million for injuries he received while working on a job site.

Jeremy Money was a laborer working for a concrete finishing subcontractor on a project in Sellersburg that was being run by Dan Cristiani Excavating Inc. On Oct. 30, 2005, Money’s leg was struck by a bulldozer.

“He was working around one of Cristiani’s bulldozers, and the bulldozer operator backed up over Jeremy’s foot and crushed his foot and shattered his leg,” said Money’s attorney, Matt Schad.

The trial began Jan. 19 and went for six full days. After deliberating for about 2 1/2 hours, the jury reached its verdict Wednesday evening at about 7.

Money was awarded a final verdict of $1.34 million, while his wife, Kerri, was awarded a final verdict of $228,917 for money lost because of her husband’s injuries.

Dan Cristiani said he disagrees with the jury’s verdict.

“I feel sorry for the guy, but it should be about fault and not pity,” Cristiani said. “I feel like the attorneys on the other side snowballed [the jury], and they got into pity instead of fault.”

Money underwent several surgeries and treatment in Indianapolis. Part of his foot, including all of his toes, had to be amputated. Schad said Money will still probably need more surgeries, according to doctors.

“He’s a smart self-reliant guy. I think he’ll be able to work in the future. He’s a pretty tough character,” Schad said.

He said Money has worked hard to recover. He now works for the U.S. Census Bureau and finished his college degree, although he now uses a prosthetic half-foot and is limited in what he can do.

Cristiani and Money still have differing accounts of what happened.

Cristiani said the bulldozer operator had told Money to stand back and give him some time because the bulldozer would be moving back and forth.

“For no reason, [Money] just jumped behind the bulldozer,” Cristiani said.

Schad said Money always had to work in the middle of the road next to the bulldozers. He said the operator never looked behind him when he reversed.

“The bulldozer changed directions unexpectedly. The operator did not look, and Jeremy did not have time to get out of the way,” Schad said.

He said the jurors found Money’s testimony more believable, and that was important to the Moneys.

“I think that when this happens to people, their reaction is relief because it’s not easy to be judged by people you don’t know,” Schad said. “I think the most important thing for them was that a jury, made up of people in the community, believed them.”

Cristiani said he will be meeting with his company’s insurance provider soon and likely will appeal the ruling. Cristiani’s attorney, Rodney Scott, did not return a voicemail message left at his office.