01.10.2007

Rental company Cleared

A federal jury has ruled that national rental company, NES, is not liable for the injuries suffered by a man when a telehandler fitted with a man basket tipped over at the University of Mississippi in 2004 killing its two occupants and injuring two others.

Steven "Pat" Nance was subcontracted by Mandal's Roofing Sheet Metal Works to perform work on the roof of Scruggs Hall at Ole Miss in November 2004. Mandal’s provided a Lull telehandler rented in from NES apparently to lift materials up the roof level.
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The fallen Telehandler

On Nov. 11, 2004, Nance, along with Calvin Hoda, John Raymond Horton and James Edwards were raised in the lift to the roof. The basket then rolled to its side and the four men fell over 10 metres to the ground. Raymond died at the scene, Hoda died later in Hospital, while Nance and Edwards were injured.

Nance sued NES claiming that NES has rented Mandal a basket that was to be used for material only, not people. NES, argued that it was only asked to provide a material basket.

NES said that the basket provided can be used to carry either people or materials depending on which telehandler is provided with it. In this case it was set up for materials only.

Nance's attorney, John Giddens, said that he plans to appeal.