Nassco Workers Sue, Blame Propeller Shaft Accident on Defective Hoist
Two National Steel & Shipbuilding Co. employees filed suit in Superior Court Thursday, claiming that defective equipment caused a 22-ton propeller shaft to plunge into a group of workers at the shipyard last week.
Leroy Smith, a rigger, and machinist Ronald Vaughn were among six workers injured when the propeller shaft, which was being installed on a Navy destroyer, fell about 25 feet to the deck of the dry dock. Both men were standing on a scaffold that was crushed by the falling shaft.
Neuhaus American Corp. and American Rigging & Supply, the maker and distributor of a hoist that had been holding the ship’s shaft up, were named in both lawsuits, which allege that the hoist itself was to blame for the tragedy. Nassco was not named in the suits.
Test Planned
“As far as we know, the shaft was properly rigged,” said National City attorney Preston Easley, who is representing both men. “Based on the information available to date, it appears to be liability on the part of the manufacturer of the air hoist, because the product clearly failed,” he said. Easley said he will have a metallurgist test the steel pin that is believed to have broken in the hoist.
The pin is being examined by investigators from the federal Occupational Safety & Health Administration office. Shortly after the mishap, an OSHA spokesman said official findings were expected in about two weeks. OSHA officials were not available for comment Thursday.
Meanwhile, Easley, who has represented other Nassco workers injured in previous accidents at the shipyard, does not intend to wait until OSHA announces its findings.
“They tend to analyze the accidents from a regulatory point of view,” Easley said. “We’re analyzing the accident for legal liability. An employer can be in compliance with OSHA regulations, but a product manufacturer can still be guilty of making an unsafe product.”
The lawsuits allege that Nassco purchased the 6-ton hoist from American Rigging & Supply in San Diego. A company spokesman, who declined to give his name, confirmed that Nassco was a client, but said he had “no inkling” his company would be sued in connection with the recent accident.
Easley said Neuhaus American Corp. of Baltimore is believed to be the American distributor for a German company which manufactured the hoist.
Vaughn, 44, fractured his left ankle in the accident, and now has seven metal screws holding the ankle bones together, according to his attorney. Vaughn was taken to Mercy Hospital for surgery and released Sunday, a nursing supervisor said. Smith, 52, had his chest injured in the fall. He was initially listed in fair condition at UCSD Medical Center, but his condition was upgraded to good as of Thursday, a hospital spokeswoman said.
John Wilkins, 34, the most seriously injured worker, was taken to UCSD Medical Center in critical condition with head and arm injuries. He is now listed in serious condition and is expected to recover, the spokeswoman said.
Easley said his clients are being compensated under a federal law known as the Longshore and Harbor Workers Compensation Act, which provides reimbursement for all medical bills and two-thirds of the worker’s average weekly wage while out of work. The law prohibits them from suing Nassco directly, Easley said, however, it does not preclude them from filing claims against third parties.
Following the propeller accident at Nassco, union officials charged that the hoist that failed had not been properly inspected on an annual basis prior to use. The accident happened as workers on the scaffold were preparing to align the propeller shaft to install in on the Elliot. The 36-foot-long shaft was being transported by two 10-ton and two 6-ton hoists. A Nassco spokesman said at the time officials were unaware if there were any safety violations at the yard. Nassco officials were not available for comment Thursday.
The accident was called the worst since last July, when six workers were killed and six were injured when a steel personnel basket that was being transported by a crane fell 30 feet to the deck of a Navy ship. An OSHA investigation led to $62,800 in fines and 19 safety citations against Nassco. The company is appealing 18 of the citations.
In March, OSHA cited Nassco for 470 more alleged safety violations and fined the company $72,300.
