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

I would first call your insurance company and explain the accident. Let
them go after the other guy. These days litigation is so expensive, unless
you are talking at least $20k of damage it is just about a waste of time.
Let your insurance company handle. If you have coverage and good evidence
that the only cracks are where the wheels were, if they don't pay, you can
report them to your state regulating agency.


"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

"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

Thanks for everyone's helpful responses. Please continue to respond.

The Lull caused the damage, and I am very confident I can prove it
based on a preponderance of evidence. Most juries are reasonable and
use common sense in rendering a decision.

I spent months trying to reasonably deal with their attorney to just
repair the wall - I asked for no money for me - but just repair the
wall. I have done everything reasonably possible to avoid a lawsuit.
They forced me to sue and I shall sue.

I finally got a response that they would replace the bricks. I
responded that was acceptable to me but they would have to guarantee
their work for a year against defects in workmanship and materials,
ascertain that the wall's foundation was not cracked (as it makes no
sense to put good bricks on top of a bad foundation), and to make sure
the site was safe while they were working on it (because of the public
sidewalk). Their response was then to refuse to do the repairs. Seems
to me their intent was to just slop some bricks in there.

Not shown in the photos, the sidewalk is heavily cracked on both sides
of where the Lull was parked. And as I stated, where the Lull wheels
rested, the sidewalk is depressed about 1/2". Furthermore, parking on a
sidewalk in Alamogordo is ILLEGAL, and I own the land on both sides of
the sidewalk, so they had trespassed my property and parked on it
without financially compensating me for that privilege or seeking my
permission.

I am very reluctant to contact the insurance company. Reason being is
that the last time I put in for an insurance claim years ago, the
insurance company refused the claim, then refused to renew the
insurance on the home and then jacked up my insurance on the home we
live in that has nothing to do with that home and of which I have never
filed a claim with, and then blackballed us with all of the other
insurance companies. I filed a complaint with our PRC and never got a
response. You are talking about New Mexico, where insurance companies
can apparently abuse people at will because clearly the PRC and AG are
in bed with them.

What is the model of this Lull? How much does it actually weigh? And
does its safety manual warn against driving or parking too close to
structures? Again, images are at: www.jjwill.com/DamagedWall.htm.

John )

wizguru wrote:
Thanks for everyone's helpful responses. Please continue to respond.

The Lull caused the damage, and I am very confident I can prove it
based on a preponderance of evidence. Most juries are reasonable and
use common sense in rendering a decision.

If you think this is worth taking to a jury trial, you must be nuts.
You were ready to accept their repairs subject to a few additonal
conditions and the amount of that repair sounds very small, certainly
under a few thousand bucks.

The big and obvious question in all this is exactly how much does the
damage amount to? I would have figured that out before I did anything
else. Until you determine that, talking about jury trials is just
getting all torqued up over nothing. At most, I see a small claims
case here.







I spent months trying to reasonably deal with their attorney to just
repair the wall - I asked for no money for me - but just repair the
wall. I have done everything reasonably possible to avoid a lawsuit.
They forced me to sue and I shall sue.

I finally got a response that they would replace the bricks. I
responded that was acceptable to me but they would have to guarantee
their work for a year against defects in workmanship and materials,
ascertain that the wall's foundation was not cracked (as it makes no
sense to put good bricks on top of a bad foundation), and to make sure
the site was safe while they were working on it (because of the public
sidewalk). Their response was then to refuse to do the repairs. Seems
to me their intent was to just slop some bricks in there.

Not shown in the photos, the sidewalk is heavily cracked on both sides
of where the Lull was parked. And as I stated, where the Lull wheels
rested, the sidewalk is depressed about 1/2". Furthermore, parking on a
sidewalk in Alamogordo is ILLEGAL, and I own the land on both sides of
the sidewalk, so they had trespassed my property and parked on it
without financially compensating me for that privilege or seeking my
permission.

I am very reluctant to contact the insurance company. Reason being is
that the last time I put in for an insurance claim years ago, the
insurance company refused the claim, then refused to renew the
insurance on the home and then jacked up my insurance on the home we
live in that has nothing to do with that home and of which I have never
filed a claim with, and then blackballed us with all of the other
insurance companies. I filed a complaint with our PRC and never got a
response. You are talking about New Mexico, where insurance companies
can apparently abuse people at will because clearly the PRC and AG are
in bed with them.

What is the model of this Lull? How much does it actually weigh? And
does its safety manual warn against driving or parking too close to
structures? Again, images are at: www.jjwill.com/DamagedWall.htm.

John )