State faces questions over crane accident

AUBURN, N.Y. It's been more than two years since Laura Cuthbert was nearly killed in a crane accident, and she's still trying to find out what happened.

In response to her most recent plea for help, state Attorney General Eliot Spitzer's office wrote that it doesn't have the expertise or the resources to investigate the accident. And even if the resources were available, the proper party has not requested that an investigation take place.

A 300-foot steel crane boom fell on Cuthbert's car Oct. 1, 1997, in an accident at the $35 million SUNY Health Science Center Institute for Human Performance, Rehabilitation, and Biomedical Research in Syracuse. The boom toppled on Cuthbert's car while she waited at a traffic light.

"She was trapped for several minutes with power lines draping her car," said her brother, William L. Foster, a Syracuse attorney. "Three electricians were awarded Carnegie Medals for taking the risk of pulling her out through the driver's side window. They thought the car was going to explode. I think it's an outrage the state isn't concerned." Though she wasn't injured physically, Cuthbert was emotionally traumatized, Foster said.

Cuthbert and Foster have since been battling with state officials to determine what exactly happened that day. The battle is escalating into a fight over the state's responsibility to ensure public safety at its own construction sites.

"The state, as defender of the public safety, should want to find out who is responsible," Foster told the Auburn Citizen in Monday's editions. "I'm just asking them to take care of what I think is an essential part of government."

The plea has been met with little help. Several state legislators, including state Sen. Michael Nozzolio and former Assemblyman Daniel Fessenden, have written letters requesting an investigation. Assemblymen Edward Sullivan and Steven Sanders wrote as well.

Cuthbert and Foster have repeatedly asked the state Labor Department and attorney general's office to further investigate the crash. Each letter has met with dead ends. Labor Department spokesman Fred Padula said there was no comment on the case.

Darren Dopp, spokesman for the attorney general's office, said in order for Spitzer's team to look into the accident, a request must come from the Labor Department, the state university system, or Gov. George Pataki.

"We have never engaged in what we are now being asked to do," Dopp said. "Our difficulty is we have a certain responsibility and a traditional role. Local authorities could bring a criminal case.

SUNY could take action. The attorney general's office, with a referral, could intervene and conduct some kind of inquiry. Everybody has an assigned responsibility."

Nozzolio's office has asked the Labor Department to start an investigation, Nozzolio spokesman Justin McCarthy said. "The senator has not been satisfied with reactions of the Labor Department throughout this process," McCarthy said.

The Labor Department's refusal to investigate does not surprise Foster. Ten days before the accident, a Labor Department representative was at the site checking the licenses of crane operators. He failed to see any problems at the construction site. But the crane operator, Thomas E. Phelps, said the job was not being done correctly and should have been stopped, according to transcripts from a hearing held before the state Crane Examining Board.

Phelps testified that wood used underneath the crane was substandard and could have contributed to the crane's fall.

Sullivan said he doesn't understand why Foster is taking his sister's fight to politicians instead of bringing the issue to court.

"Damage has occurred, and the people who caused the damage should pay for the damage," Sullivan said. "I have no ability to do anything in this matter. I'm not a lawyer. That's what the courts are for. He should sue. Sue us sue the state."

Cuthbert cannot file a lawsuit against the state because the statute of limitations has run out. She has not decided whether to file a lawsuit against the contractor, Hueber-Breuer, and the crane operator, Raulli & Sons, her brother said.

Hueber-Breuer's insurance company, Fidelity & Deposit Co. of Maryland, filed a $270,000 lawsuit in December against Raulli and A.C. Legnetto Construction claiming the two companies breached their contracts.

The suit alleges that Legnetto, which provided grading and site work, and Raulli were negligent in their work, which caused the crane to tip.
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See the account of another accident in which a crane toppled unto a woman's vehicle. Subscription req'd

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