Owner of Cranes in Deadly '08 Collapses to Face Manslaughter Charge: Source

Charged for only one of two deadly accidents

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    NEWSLETTERS

    Devastation on the Upper East Side

    A crane company owner is expected to be charged with manslaughter in a 2008 accident that killed two workers as the top of a 200-foot-tall crane crashed down, a person with knowledge of the investigation said Friday.

    James Lomma and his company, New York Crane & Equipment Corp., are expected to face charges as soon as next week in the May 2008 accident, according to the person, who spoke on condition of anonymity to discuss the ongoing investigation.

    The charges would represent the first criminal fallout from the accident, which heightened fears about high-rise construction in the city. The giant rig collapsed and smashed into a Manhattan apartment building little more than two months after another crane -- also owned by Lomma's company -- collapsed elsewhere in Manhattan and killed seven people.

    Lawyers for Lomma and the company did not immediately return calls Thursday and Friday. Lomma did not immediately return a call to his office Friday.

    The Manhattan District Attorney's office declined to comment. The expected charges were first reported by the New York Daily News.

    The crane snapped and fell apart while workers were building a 32-story condominium building on Manhattan's Upper East Side. The collapse killed the crane operator, Donald C. Leo, 30, and another worker, 27-year-old Ramadan Kurtaj. A third construction worker was seriously hurt, and the plunging crane destroyed a penthouse apartment across the street and sheared balconies off the apartment building.

    City and federal investigators have focused on a failed weld on the crane's turntable, which helps the rig swivel and change direction.

    The turntable had been removed in May 2007 from another crane because it was cracked; New York Crane & Equipment had a welding company repair it, and then installed it in the crane that collapsed, the company's insurer has said.

    New York Crane hired a Chinese company to do the weld despite a warning from the company that its welding wasn't good, according to lawsuits filed by the slain workers' families. The Chinese firm had agreed to do the work for a sixth of the price and twice as fast as an Ohio bidder, according to the ongoing lawsuits.

    "My son was killed for one reason and one reason only: greed,'' Leo's father and fellow crane operator Donald R. Leo said in a statement released Friday by his lawyer, Bernadette Panzella.

    The father applauded the expected charges against Lomma. "It might finally be the beginning of paying real attention to the safety of workers who risk their lives to feed their families so that other people can line their pockets with money off their high-risk construction projects,'' he said.

    The May 30, 2008, accident came as city officials were scrambling to step up crane safety in the wake of the crane collapse only months earlier near the United Nations.

    In that disaster, a 19-story crane fell as it was being lengthened, demolishing a townhouse and killing six construction workers and a tourist on March 15, 2008. That accident was blamed on faulty rigging.

    Rigging contractor William Rapetti and his company have been charged with manslaughter in that collapse. A former building inspector, Edward Marquette, faces charges including tampering with public records after being accused of lying about examining the crane 11 days before it collapsed. They have pleaded not guilty.

    Since the crane collapses, the Buildings Department has increased training requirements for crane operators and inspectors, expanded inspectors' checklists from 35 items to more than 200, and required engineers sign off on rigging plans, among other steps.

    While more than 20 of the tall rigs known as tower cranes are currently at work around the city, "all of these cranes have been subject to our increased requirements,'' agency spokesman Tony Sclafani said Friday.

    The federal Occupational Safety and Health Administration, which also has been looking into the May 2008 collapse, couldn't immediately provide an update Friday on the status of its probe.