The construction magnate whose crane toppled 240 feet to the ground – killing the operator and another worker in 2008 – wants a judge to declare a mistrial in the just-started civil case against him because , his lawyer said, he was recently injured in a car crash.
On Wednesday, a day after the trial started opening statements, crane owner James Lomma's attorney Glenn Fuerth filed the mistrial motion. The request came a full week after his client "was severely injured in a motor vehicle accident," according to the legal papers.
The wrongful death case took six years to come to trial and jury selection finally started on April 28.
It's unclear why Fuerth waited so long to announce the accident.
In the filing, he said Lomma is "currently hospitalized" and "due to his injuries…is unable to appear in court for trial."
"Mr. Lomma's doctors presently anticipate that his recovery will be between eight and 12 weeks," the papers say.
The trial is expected to stretch for months.
"As an individual party to this action, Mr. Lomma would be severely prejudiced if the court were to deny the instant motion and allow the trial to proceed despite Mr. Lomma's inability to attend," Fuerth argues.
He does not describe his client's injuries.
Lawyers for victims Donald Leo and Ramadan Kurtaj accuse the 68-year-old head of New York Crane and Equipment Corp. of having "reckless disregard" for human life by allowing unsafe machinery on the job site.
Manhattan Supreme Justice Manuel Mendez said he would consider the mistrial motion at a later date and allowed other defendants in the case to proceed with opening statements.
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