Arguments begin in port death lawsuitWorker died in 2004 when he was crushed by a shipping container By Schuyler Kropf (Contact)
The Post and Courier
Tuesday, August 26, 2008
A jury heard opening arguments Monday in the wrongful death civil suit surrounding a port worker who was crushed by a 20-ton container. William Edward Holst Jr., 52, was a union container checker who was moving around the tall stacks of container boxes when he was killed July 5, 2004, at the Port of Charleston's Wando Welch Terminal in Mount Pleasant. His widow, Jean Holst, and her legal team filed suit, saying the veteran dock- worker was a victim of inadequately trained personnel and an overall unsafe workplace. A State Ports Authority crane operator lowered the 20-ton container onto Holst during a loading procedure when containers were being shifted. Previous storiesCrane maker, SPA sued in port death; Ed Holst's family questioning safety practices on docks, published 02/24/05 Danger on the Docks; Sudden spike in deaths, injuries raise port safety questions, published 04/10/05 Kevin Dean, attorney for the Holst family, said Holst did nothing different from any other checker when he walked into the stacks of container boxes to verify that the right boxes were being sent to the right place. When Holst was out of sight of the crane operator, he was crushed. "Ed Holst was missing for 45 minutes before anyone realized he was gone," Dean told a Charleston County jury. He also told them that "you don't blindly set a box down." The lawsuit is seeking undetermined actual damages. The manufacturer of the crane was dismissed from the case earlier, but that could be appealed. Ports Authority attorney Randell C. Stoney Jr. gave condolences to the Holst family, but he said that the death was a tragic accident and that the entity was not negligent. Holst was in a section of the operation where he should not have been, Stoney said, and was experienced enough to know the threat there. "You don't go under an operating crane," Stoney said, adding the crane operator would have expected that an experienced Holst "would never have put himself in harm's way." The lawsuit, which was filed in February 2005, said that the SPA did not fulfill its "duty of care" as owner and operator of the terminal to discover and eliminate safety risks. The trial is expected to last most of the week at the Charleston County Judicial Center. Reach Schuyler Kropf at 937-5551 or skropf@postandcourier.com. |
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Comments
This article has 20 comment(s)
Posted by RTC on August 26, 2008 at 8:45 a.m. (Suggest removal)
This was an accident, and no one was at fault but Mr. Holst.
I am sorry for his family's loss, but it is a dangerous place out there and people have to be on their toes at all times.
Posted by coolfreaknbeans on August 26, 2008 at 9:44 a.m. (Suggest removal)
It was an accident I agree.But it was preventable.Before you operate dangerous machinery of any kind you need to make sure all other employees are accounted for and out of harms way.You don't just continue your work not knowing where your co-workers are.There should be a safety clearance zone and the crane operator should be given a safety signal for the go ahead.It's very dangerous work that with simple safety measures being used would be much safer.We can't just have the attitude that hey I'm operating this big dangerous machinery,you better move outta my way cause I'm not looking for ya.I hope the family has great success in their lawsuit.Big companies throw safety aside more than you know just to increase production and the bottom line.The only way to change safety policies and get them to pay attention is to hit their bottom line.Loss of life to them is nothing.They just replace the employee and move along.
Posted by RTC on August 26, 2008 at 10:02 a.m. (Suggest removal)
cool, trust me, it was preventable, but it was not the operator's fault. As the old saying goes, "it will all come out in the wash."
There is alot more to this story than what has been published.
Posted by drp7773 on August 26, 2008 at 10:06 a.m. (Suggest removal)
Should be could be would be, this guy was an experience worker that knew better and now the greedy family and lawyers are going for the money. This case should be thrown out of court but we all know the liberal judge will not do this, they love to stick it to a company. And the only cases they care about is when they can let child molesters and rapist and murderers out early.
Posted by trod1 on August 26, 2008 at 10:28 a.m. (Suggest removal)
He was where he wasn't supposed to be period.as rtc said there is a whole bunch of stuff that isnt going to come out .several factors caused his demise.least of all being the operator.
Posted by coolfreaknbeans on August 26, 2008 at 10:31 a.m. (Suggest removal)
RTC-If you have personal knowledge of what really happened,please share it.I'm just going off of what I learned from the article.My point was the operator of any heavy machinery,motor vehicle etc has the ultimate responsibilty of accounting for where people are.Just like the kids who run amuck in my neighborhood.Sure they shouldnt be in my blind spot,but if I know the kids are out there,I need to watch what the hell I'm doing.Is it frustrating and time consuming?Yes.But I don't wanna mow down a kid.OSHA has regulations put in place that deal with this and safety precautions that should be followed.I'd like to see the OSHA report.
Posted by coolfreaknbeans on August 26, 2008 at 10:34 a.m. (Suggest removal)
I should follow that post by saying the OSHA report could change my opinion dramatically.I would like to know about any safety violations or lack thereof.
Posted by ginj on August 26, 2008 at 10:42 a.m. (Suggest removal)
It should not matter whether he was or was not where he should have been. There should have been a spotter directing the crane operator any time he lifted a container letting him know it was all clear to lift, shift and lower his load. It is obvious Mr. Holst was not in direct contact with the crane operator, but someone should have been telling him where to place his load.
This is not to place blame on the crane operator. However, someone must have dropped the ball, because there is no such thing as an unpreventable accident.
Posted by coolfreaknbeans on August 26, 2008 at 10:49 a.m. (Suggest removal)
Bingo ginj!Thats why in many EMS systems now instead of calling car crashes MVAs(motor vehicle accidents)like they have for years,they call them MVCs now(motor vehicle crashes).A little verbally anal retentive I admit,but more factual.
Posted by trod1 on August 26, 2008 at 10:51 a.m. (Suggest removal)
What you consider obvious and the truth are two different things.
Posted by trod1 on August 26, 2008 at 10:52 a.m. (Suggest removal)
To a certain extent.
Posted by RTC on August 26, 2008 at 10:53 a.m. (Suggest removal)
cool, I do have personal knowledge of this incident, but it would not be wise to post it.
I just hope that the jury sees all of the facts that will surely be presented to them and make the right decision.
His family will get money one way or the other, but they should not get compensated by entities that are not at fault.
Posted by trod1 on August 26, 2008 at 10:54 a.m. (Suggest removal)
Rtc well said.
Posted by coolfreaknbeans on August 26, 2008 at 11:22 a.m. (Suggest removal)
Dang RTC!I was hoping to get the scoop.I absolutely agree that only those at fault should be held responsible.Do you know of any findings in the OSHA report?
Posted by RTC on August 26, 2008 at 11:30 a.m. (Suggest removal)
cool, the OSHA report is not available to the general public I don't believe. It will probably be presented during the trial though. The comments of the attorney representing the family shows that he doesn't know his butt from a hole in the ground.
Posted by Charles_Town on August 26, 2008 at 11:46 a.m. (Suggest removal)
So what I am reading here is that there are people (supposedly quality American citizens) who have information concerning this incident that could allow justice to do the right thing, but are too scared to stand up, be counted, and make a difference. I hope you do not consider yourselves honest, upstanding American citizens. Speaks a lot to one's ethics and moral character.
Posted by RTC on August 26, 2008 at 12:09 p.m. (Suggest removal)
Charles_Town Do not misunderstand. The information that needs to be known is in the correct hands. These are the people that can see that justice is carried out.
This information just does not need to be posted on a public forum.
Posted by jeff61 on August 26, 2008 at 12:28 p.m. (Suggest removal)
I think the point being made Charles Town is the case is currently being litigated. What leads you to believe that some people having information concerning this incident to allow justice to do the right thing, have not stood up to be counted. If someone who has or provided information and was to present that information in a "Public Forum" like this and not in a courtroom, it could jeopardize the case and cause a miss-trial or the party to loose. I think you may have been a little too quick to judge and that I must say speaks a lot to one's ethics and moral character.
Posted by trod1 on August 26, 2008 at 8:20 p.m. (Suggest removal)
The family should at least get Worker's Compensation death benefits, anything else will be gravy....they already have got a healthy w.c.payout.
thomas the loud noises you hear are hatch cover to the ships.they make a good boom sound that you can feel.the 30th would be a good day to watch. anyways when this is over the stuff you want to know will come out.
Posted by RTC on August 26, 2008 at 9:11 p.m. (Suggest removal)
Hatch covers are exactly what people are hearing, trod. I think alot of people are also under the impression that this accident took place out on the dock, and we know that it was actuatly in the container field at the Wando terminal where the public does not have viewing access.
Thomas does not understand that the speed with which those containers are unloaded is not excessive. This is the way it works in any port that is making production.
Considering the volume of work that passes through the ports on any given day the accident rate is extremely low.