"wizguru" wrote in message
oups.com...
We have a 40+ year old rental home in Alamogordo, NM. One
morning, I noticed a large Lull forklift ILLEGALLY parked adjacent to
our North block retaining wall on the sidewalk adjacent to the wall
about 2 feet from the wall. I also noticed that opposite to where each
of the Lull wheels rested on the ground the wall is severely cracked
just above the sidewalk. I had inspected the area two days earlier for
weeds and debris and there was no wall cracking at that time and no
raining in between. And there is no wall cracking between the cracked
areas or on either side of the cracked areas. Later measurements by me
indicate that the sidewalk was sunken in about a 1/2" where the Lull
tires rested. My tests also indicate that the inner edge of the
sidewalk rests on the outer edge of the wall's foundation. I do not
know for certain if the wall's foundation is also damaged. I used a
metal detector to verify
that there is rebar in the cinder block.
I took many photos of the Lull and wall, a few of which are at:
www.jjwill.com/DamagedWall.htm
The land where the Lull was parked - my property - is pitched about 5
degrees up to the
wall. I estimate that the weight of the Lull to be about 8,000 lbs
(actual weight??), and that the shear force into the wall was therefore
about 700 lbs (8000 x sin[5 deg.]) plus there was likely much greater
direct downward force on the wall's foundation, probably 1,000s of
pounds. Clearly,
the Lull cracked the wall. However, the insurance company of the Lull
owner (a contractor building a clinic adjacent to our property) has
refused to pay, claiming that the wall is "old" and probably has a
"defective foundation." Because of this refusal, we will probably have
to litigate this matter.
I have done some relevant Internet research with limited results. I
still
need to obtain definitive information on: (A) Government and industry
safe distance standards, regulations, etc. for driving and parking
heavy construction vehicles near walls and buildings. (B) Specific Lull
operating manual and other Lull documentation that addresses this
safety issue. (C) Websites, books, specific periodicals, etc. which
addresses these issues. (D) The make, model, and closer approximation
of Lull weight. (E) Based on the Lull's number shown in a photo, how to
trace the Lull, its history and ownership in NM. (F) OSHA forbids
"stunt driving" of construction equipment,
based on definition of stunt driving, this incident clearly is covered,
but if you know specific on-target stunt driving precedents relied upon
by OSHA,
please let me know. (G) If you know someone who can evaluate and
testify as an expert witness in the Alamogordo, NM, area please let me
know (not a dire necessity since most jurors already understand
gravity). (H) I expect my causes of action will far exceed negligence
and trespass and to
file a lawsuit for a very large amount in NM State District Court,
should you know
of an attorney who would probably be interested in handling my case on
a
contingency-fee basis, please let me know.
I am an older Disabled Veteran who knows little about repairing block
walls, so if you know someone reliable and modestly-priced contractor
in the south-central New Mexico area who can inspect my wall and/or
give me an estimate for free or low-cost, please also let me know.
Also, if you know of a reliable structural engineer in this area who
can evaluate the situation to ascertain just how great the damage,
please let me know.
Please respond. I need all the help I can get. Thanks. John J. Williams
Recently went through something similar situation with a contractor using
"dynamic soil compaction" AKA dropping a big weight form a great height.
After a number of cracked walls and a collapsed ceiling in a basement
various home owners called their home owners insurance. I got a nice check
for repairs and as I last heard, the insurance company had sued the
contractor sucessfully and collected.
What puzzels me is that you say that the forklift was parked on your
property. Have you looked into filing a trespassing complaint? If there is
a conviction on that, even misdomeaner tresspass, it would help your civil
complaint.
Oh, I am not a lawyer so the above is just my opinion.
Bob