CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, et al v. CONSOLIDATED CRANE & RIGGING, INC., et al
6. At aJi times relevant Terra-Gen was constructing a new wind farm project known as Alia ) in Mojave. California, including the installation of a l.5mw GE wind turbine (the "Turbine"),
7. On and before July 3, 20)0, Defendants Consolidated Crane and Maxim Crane provided a crane, related equipment and crane operaiors for die installation of the Turbine.
8. On or about July 3, 20! 0. the crane provided and operated by Consolidated Crane and Maxim Crane tipped over and dropped the base section of the Turbine resulting in property damage of $1,103308.74.
COUNT I - NEGLIGENCE as to all Defendants
9. Plaintiffs adopt and incorporate Paragraphs 1 through 8 above as though set forth fully herein as Paragraphs I through 8 of Count 1.
10. At all times relevant. Defendants, arid each of chem. owed Terra-Gen and Plaintiffs the duty to provide their equipment and services in a safe, proper and effective manner so as to avoid harming Terra-Gen's property, including the Turbine.
11. On or about July 3, 2010, Defendants breached the foregoing duty in one or more of the following respects:
a. By failing to properly operate lite crane and related equipment;
b. By failing to properly rig and balance the crane and Turbine;
c. By providing an improper and defective crane and related equipment;
d. By failing to properly train the crane operaiors;
e By failing to properly supervise the crane operators; and
f. By failing to properly maintain ihe crane and related equipment.
12. As a direct and proximate result of one or more of the foregoing acts or omissions, J the base of ihe Turbine fell resulting in significant damages to Terra-Gen's properly. Pursuant to j their policy of insurance with Terra-Gen, Plaintiffs paid Terra-Gen for ihe damages and are subrogated to the extent of those payments."