 Below is a database of public litigation records involving General Crane USA and companies affiliated through common ownership. Please check with the applicable court for any further developments on the case. Click on the case title (in red) for additional information on each case.
Added May 27, 2010
PNC Bank v. James A. Robertson and Jason S. Retterath
Filing Date: 4/27/2010
Case Type: Contract and Indebtedness
Status: Pending
Plaintiff PNC Bank is claiming that the defendants, James A. Robertson and Jason S. Retterath, by virtue of signing personal guarantees on a lease agreement executed by Gulfstream Crane, are responsible for defaulted rent payments. The outstanding balance on the lease is over $2.1 million.
Added May 24, 2010
Western Crane & Hoist v. Southwestern Tower Crane & Hoist, LLC et al
Filing Date: 5/13/2010
Case Type: Business Court
Status: Pending
Cause of action occurred when the plaintiff, Western Crane & Hoist, an alleged 50% partner in Republic Tower & Hoist, LLC accused the defendants, Southwestern Tower Crane & Hoist, Jim Robertson, and Raymond Bellamy, of gross negligence and intentional misconduct related to their stewardship of Republic’s operations. In particular, the plaintiff alleges $19.7 million in missing funds and the improper use of company equipment. Western Crane claims that Mr. Robertson and Mr. Bellamy, who are in charge of the day-to-day business of Republic Tower, failed to use proper accounting practices and have repeatedly failed to provide Western Crane full access to the accounting books.On August 9, 2010, the plaintiff dismissed its claims against Robertson and Bellamy individually.
Added April 27, 2010
Comerica Leasing v. Republic Tower & Hoist, LLC et al
Filing Date: 4/16/2010
Case Type: 190 Contract: Other
Status: Default Judgement
Equipment financer Comerica Leasing sued Republic Tower & Hoist, LLC for allegedly defaulting on loans with an outstanding balance of over $3.3 million. Comerica also names Republic affiliate American & Hoist Erectors, LLC as a co-defendant in the suit, claiming that the company signed a guaranty for Republic’s loan obligations. The plaintiff seeks repayment of the outstanding principal plus the right to repossess equipment collateral attached to the loans.
Added April 22, 2010
De Lage Landen Financial Svcs Inc. vs. Republic Tower & Hoist, LLC et al
Filing Date: 3/30/2010
Case Type: Contract Indebtedness
Status: Pending
Plaintiff De Lage Landen claims that on November 1, 2009, Republic Tower & Hoist, LLC stopped making loan payments due under a Master Security Agreement. De Lage Landen claims Republic owes $2,068,101.56 in payments and late fees. De Lage Landen Financial is also suing Western Crane & Hoist, LLC; Southwestern Tower Crane & Hoist, LLC; and Turnberry Development, LLC because it claims each company signed a Corporate Guaranty ensuring Republic’s payments.Added November 17, 2009
Added November 12, 2009
Wells Fargo Equipment Finance, Inc. v. Gulfstream Crane, LLC
Filing Date: 11/09/2009
Case Type: Contract Indebtedness
Status: Pending
Wells Fargo originally sued for $11,939,754.42 in defaulted loans. After collecting just half of this amount in General Crane's bankruptcy, Wells Fargo is now pursuing Jim Robertson, Jason Retterath and Steven Retterath for personally guaranteeing loans. Wells Fargo has won a judgment of $350,233.23 against Steven Retterath and a $4,790,415.33 judgment against Jim Robertson and Jason Retterath.
Added November 12, 2009
Linden-Comansa America, LLC v. Gulfstream Crane, LLC
Filing Date: 11/10/2009
Case Type: Breach of Contract
Status: Pending
Crane manufacturer Linden-Comansa America, LLC sued General Crane USA, alleging that General Crane has failed to pay approximately $1.5 million in contractual fees and has “stolen” nearly $1 million worth of tower crane parts in violation of the parties’ lease agreement. Linden-Comansa further alleged that General Crane had been unlawfully “raiding” leased equipment for parts to use in its tower crane fleet. Plaintiff is attempting to recover in total approximately $3 million for unpaid interest, missing or stolen equipment, and shipping and moving costs, among other fees. Linden-Comansa gained a limited stay from the bankruptcy case and is pursuing its claim to repossess equipment, and Center Capital has intervened in the case.
Added November 6, 2009:
SL Financial Services Corp. v. Gulfstream Crane, LLC and Bank Midwest, N.A.
Filing Date: 11/04/2009
Case Type: Replevin
Status: Stayed due to bankruptcy
SL Financial Services Corp. is suing Gulfstream Crane for allegedly defaulting on 14 separate loans currently valued at over $25 million and is requesting that the judge grant the right to repossess the equipment used as collateral. Bank Midwest, N.A. is a co-defendant because it “may claim an interest in the Equipment by virtue of two UCC financing statements.” SL Financial is arguing that Bank Midwest’s interests are subordinate to their own.
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U.S. District Court, Southern District of Florida
Center Capital Corporation v. Gulfstream Crane, LLC
Filing Date: 7/10/2009
Case Type: Contract
Status: Stayed due to bankruptcy
Center Capital Corporation is suing Gulfstream Crane for $1,972,457.53 for allegedly defaulting on loan payments. Gulfstream Crane denies allegations.
Banc of America Leasing & Capital, LLC v. Gulfstream Crane, LLC
Filing Date: 6/19/2009
Case Type: Negotiable Instrument
Status: Order closing case due to bankruptcy
Bank of America Leasing is suing Gulfstream Crane for $8,066,101.85 for allegedly defaulting on loan payments. Gulfstream Crane denies allegations.
Danny Begley v. Gulfstream Crane, LLC
Filing Date: 3/31/2008
Case Type: Labor - Fair Standards
Status: A settlement was reached
The plaintiff, Danny Begley, filed suit against the defendant, Gulfstream Crane, LLC, under the Fair Labor Standards Act, claiming that the defendant failed to pay him federally mandated overtime compensation. The plaintiff claimed $1,576.13 in unliquidated damages and $3,152.26 in liquidated damages.
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U.S. District Court, District of Nevada (Las Vegas)
Trustees of the Operating Engineers Pension Trust et al v. Republic Crane Service, LLC et al
Filing Date: 9/8/2009
Case Type: Labor: E.R.I.S.A.
Status: A settlement was reached
The plaintiffs allege that Republic Crane is delinquent $209,668.41 in benefit payments to the International Union of Operating Engineers Local No. 12 benefit Trusts. In addition, Republic Crane owes $20,966.84 in liquidated damages.
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Eastern District of Pennsylvania (Philadelphia)
TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY PENSION, HEALTH BENEFIT, EDUCATIONAL, ELEVATOR INDUSTRY WORK PRESERVATION FUNDS, ELEVATOR CONSTRUCTORS ANNUITY et al v. REPUBLIC CRANE SERVICE LLC
Filing Date: 1/30/2010
Case Type: 791 Labor: E.R.I.S.A.
Status: $28,421 Consent Judgment Against Republic
The plaintiffs (Trustees) allege that the defendant (Republic Crane) is delinquent $22,320.25 in payments to the National Elevator Industry benefit trusts for the months of April and May 2009. In addition, Republic Crane owes $4,464.05 in liquidated damages. The parties settled the case with a Consent Judgment in which Republic agreed to pay $28,421.
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U.S. District Court, Western District of Texas
Llamas v. General Crane USA
Filing Date: 11/6/2009
Case Type: Personal Inj. Med. Malpractice
Status: Order closing case due to bankruptcy
Plaintiff Carlos Llamas filed an original petition in state court alleging that while working as an employee for Urban Concrete Contractors, Ltd. at the San Antonio International Airport project he sustained “serious and disabling” injuries when a crane owned by defendant General Crane USA and run by one of its employees operated with “negligence,” lifting Mr. Llamas 20 to 30 feet in the air and subsequently dropping him. In the amended complaint the plaintiff sought in excess of $750,000 in damages. General Crane successfully petitioned to move the case to federal court, claiming that General Crane USA “does not maintain a regular place of business or a designated agent for service of process in the State of Texas.” General Crane won approval of a motion to designate Urban Concrete Contractors as a “responsible third party.” The case was closed in December 2009 when General Crane filed for bankruptcy.
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Bexar County, Texas Court
Carlos Llamas v. General Crane USA
Filing Date: 09/02/2009
Case Type: Debt
Status: Order closing case due to bankruptcy
Plaintiff Carlos Llamas alleges that on June 26, 2009 while working as an employee for Urban Concrete Contractors, Ltd. at the San Antonio International Airport project he sustained “serious and disabling” injuries when a crane owned by General Crane USA and run by one of its employees operated with “negligence,” lifting Mr. Llamas 20 to 30 feet in the air and subsequently dropping him. The plaintiff seeks monetary relief in excess of $50,000. General Crane USA denies allegations.
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Dallas County, Texas Court
Remote Dynamics v. General Crane USA and Republic Tower & Hoist
Filing Date: 10/09/2009
Case Type: Debt/Contract
Status: Pending
Remote Dynamics, is suing General Crane USA and Republic Tower & Hoist for breach of contract. The plaintiff alleges that it entered into separate agreements with General Crane and Republic Tower to provide in total over 100 “Mobile Units” and accompanying web-based services used to provide information regarding the defendants’ cranes and other equipment and invoiced the defendants’ over $94,000 and $97,000, respectively. Remote Dynamics claims that the defendants’ have failed to make any payments and requests a judgment for nearly $200,000 in total plus 18% interest on unpaid service fees.
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Galveston County, Texas Court
Devries Properties, L.P. v. General Crane USA et al
Filing Date: 2/16/2009
Case Type: Breach of Contract
Status: Pending
Plaintiff Devries Properties, L.P. alleged that it leased real property to the defendant, General Crane USA, in July 2007, and General Crane subsequently violated the terms of the 2-year lease agreement when it abandoned the premise in September 2008. According to the plaintiff, General Crane had failed to make required payments for rent, property taxes, utilities, and maintenance. In total, the plaintiff stated that actual damages amounted to $28,602 minus the defendant’s $10,000 security deposit. General Crane denies the allegations and successfully moved to have Ability Asphalt & Paving Co. added as a responsible third party.
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Harris County, Texas Court
AT&T Advertising, L.P. v. Gulfstream Crane, LLC et al
Filing Date: 3/16/2009
Status: Stayed due to bankruptcy
AT&T is suing Gulfstream for $11,076 for alleged failure to pay fees for services rendered. Gulfstream Crane denies allegations.
Houston Freightliner, Inc. v. Gulfstream Crane, LLC
Filing Date: 4/16/2008
Status: A settlement was reached
Houston Freightliner sued Gulfstream Crane for $15,228.58 for alleged failure to pay fees for services rendered. Gulfstream Crane denied allegations. The case was settled in February 2009.
LWL Management, Inc. et al v. General Crane (USA), Inc. et al
Filing Date: 2/15/2008
Case Type: Breach of Contract
Status: Suspended due to bankruptcy
Cause of action arose when Lewis Equipment alleged that General Crane stole trade secrets and other proprietary and confidential information from Lewis. Gulfstream Crane denies allegations.
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Clark County, Nevada Court
Turnberry Pavilion Partners, LP et al v. Republic Tower & Hoist, LLC et al
Filing Date: 6/10/2005
Case Type: Product Liability
Status: A settlement was reached
Cause of action arises from an incident on August 6, 2002 when a crane rented to Turnberry from Republic Tower & Hoist allegedly experienced mechanical problems, which caused the crane operator to drop a concrete slab thirty-nine floors to ground level, causing significant damage to Turnberry property. Republic Tower & Hoist denied allegations. A settlement was reached in May 2009.
Alimak Hek, Inc. et al v. Republic Tower & Hoist, LLC
Filing Date: 12/19/2008
Case Type: Breach of Contract
Status: A settlement was reached
Alimak sued Republic Tower & Hoist for $2,688,694.89 for allegedly defaulting on loan payments. Republic Tower & Hoist denied allegations. A settlement was reached in April 2009.
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Broward County, Florida Court
Luz Ojuela v. Gulfstream Crane, LLC
Filing Date: 3/1/2010
Case Type: Negligence Other
Status: Settled
The Plaintiff (Luz Orjuela) was allegedly in a motor vehicle collision with a vehicle owned by Gulfstream Crane LLC and operated by an employee of the company, resulting in lasting injury and mental anguish. Orjuela alleges that Gulfstream employee was solely responsible for the collision. The parties settled the case.
Stephanie Mercado v. Gulfstream Crane, LLC
Filing Date: 11/13/2009
Case Type: Contract Indebtedness
Status: Stayed due to bankruptcy
Plaintiff Stephanie Mercado alleges that on October 12, 2009 she entered into a contract with defendant Gulfstream Crane, LLC that required Gulfstream to pay her a total of $20,000 over a series of payments. Mercado claims that Gulfstream defaulted on the terms of the contract when it failed to make the first payment.
Daniel Brandon v. Royal Crane, LLC
Filing Date: 12/08/2009
Case Type: Negligence Action
Status: Pending
Cause of action arises from a jobsite accident involving a crane, owned and operated by Royal Crane, LLC (DBA Hunter Crane), which was improperly set up. Because of this, the jib slipped off the hanger pinning the Plaintiff (Daniel Brandon) between the jib and outrigger. Daniel Brandon alleges Royal Crane was negligent in: allowing the unsafe operation of a crane; failing to properly train and supervise its employee in the operation and setup of the crane; and failing to adopt and enforce appropriate safety regulations.
United Healthcare Insurance Company v. General Crane, Inc.
Filing Date: 7/12/2009
Case Type: Contract Indebtedness
Status: Stayed due to bankruptcy
United Healthcare is suing General Crane for $150,574.62 for alleged failure to pay fees for services rendered. General Crane denies allegations.
Certain Underwriters at Lloyd’s London v. Gulfstream Crane, LLC
Filing Date: 4/30/2009
Case Type: Contract Indebtedness
Status: Clerk's Default Against Defendant
Certain Underwriters is suing Gulfstream Crane for $33,146.42 for alleged failure to pay fees for services rendered. Certain Underwriters won a final judgment of $33,585.13.
Saul Padilla v. General Crane (USA), Inc.
Filing Date: 4/15/2009
Case Type: Contract Indebtedness
Status: Stayed due to bankruptcy
Cause of action arose out of an incident in May 2007 when Saul Padilla was working at the same job site at the defendant, General Crane. The defendant’s operator allegedly hoisted construction materials from the ground that struck Padilla causing severe injuries. Padilla claimed that the crane operator’s visibility of the area was obstructed and required assistance from a co-worker on the ground. General Crane denies allegations.
Estate of Ibernier Boltimore et al v. Gulfstream Crane, LLC
Filing Date: 6/4/2008
Case Type: Negligence Action
Status: Voluntarily dismissed
The plaintiff alleged that Gulfstream Crane, LLC, along with several other crane rental companies, was jointly contracted to provide construction services to the Trump International Hotel and Tower in Ft. Lauderdale. In June 2006, plaintiff alleged that General Crane negligently stacked scaffolding supports vertically with little, if any, straps or other devices to prevent the scaffolding from collapsing on workers at the site. The plaintiff allegedly was struck by a falling scaffolding support causing his death. Gulfstream Crane denies allegations.
Gulfstream Crane, LLC v. Joseph Williams
Filing Date: 8/2/2006
Case Type: Temporary/Permanent Injunction
Status: Disposition Entered in Favor of Defendant
Gulfstream Crane alleges that Joseph Williams, a former employee of Gulfstream Crane, shared customer lists and bidding/pricing calculations with a competitor of the plaintiff’s while employed by Gulfstream Crane. Additionally, the plaintiff alleges that the defendant encouraged Gulfstream staff and management to work for Anthony International instead of Gulfstream Crane. The judge ruled in favor of the defendant. Gulfstream Crane appealed the ruling, but the appeal was dismissed in April 2009.
Eric M. Rinkus v. Gulfstream Crane, LLC et al
Filing Date: 3/20/2006
Case Type: Other Civil
Status: Pending
Cause of action arose out of an incident in August 2004 when Eric Rinkus, then an employee of General Crane USA, was performing construction work on a condominium unit in Hollywood, FL. Rinkus alleges that he was forced to engage in high-altitude crane activities in “dangerous” wind conditions. During the attempted crane activities Rinkus was allegedly struck by a crane load, rendering him a paraplegic. Gulfstream Crane denies allegations.
Lawrence Massaro v. Gulfstream Crane, LLC
Filing Date: 3/21/2005
Case Type: Auto Negligence
Status: A settlement was reached
The cause of action arises from an incident that occurred on December 2, 2004, where Lawrence Massaro was driving westbound on Aqua Vista Boulevard when he was allegedly struck by a the stabilizing arm of a Terex crane which had been extended into the roadway. The plaintiff claims he suffered serious, permanent injuries caused by the crane, owned and operated by Gulfstream Crane LLC. Gulfstream Crane denies allegations. A settlement was reached on March 8, 2006.
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Palm Beach County, Florida Court
Robert Damiano v. Royal Crane, LLC
Filing Date: 6/25/2009
Case Type: Other Negligence
Status: Pending
Cause of action arose out of an incident in April 2008 at a construction site in Port St. Lucie where the plaintiff, Mr. Damiano, was working as a carpenter. The plaintiff alleged that an employee of Royal Crane operated a crane with negligence on the job site, and as a result the swinging truss of the crane sheared the left arm of the plaintiff. The plaintiff further alleged that he had warned Royal Crane that the operator in question “had a history of prior job site accidents while operating a crane,” and asked that the operator not be sent to the plaintiff’s job site. Royal Crane denies allegations.
Sunteck Transport Co., Inc. v. Gulfstream Crane, LLC
Filing Date: 2/10/2009
Case Type: Contract & Debt
Status: A settlement was reached
Sunteck Transport is suing Gulfstream Crane for $192,082.07 for alleged failure to pay fees for services provided. Gulfstream Crane denies allegations.
Andronika Minkova et al v. General Crane (USA), Inc.
Filing Date: 4/3/2008
Case Type: Auto Negligence
Status: A settlement was reached
Cause of action arose out of an incident in May 2007 when an employee of General Crane allegedly operated a vehicle negligently so that it came into contact with Andronika Mikova's vehicle. The impact allegedly caused permanent and continuing injuries to the plaintiff. General Crane denies allegations.
Angel Baca v. General Crane, Inc. et al
Filing Date: 10/10/2008
Case Type: Other Negligence
Status: Dismissed
Cause of action stems from an accident that occurred at a construction site in Boca Raton, Florida. Angel Baca, a carpenter employed by Form Works, Inc., was injured by a concrete form that was allegedly flipped accidentally by a crane operator employed by General Crane. General Crane denies allegations. The case was dismissed in June 2009 when plaintiff failed to appear at a hearing.
Lythia Thomas v. Royal Crane, LLC
Filing Date: 1/26/2007
Case Type: Auto Negligence
Status: A settlement was reached
Lythia Thomas was involved in an auto accident in January of 2006 with a crane owned by Hunter Crane and operated by an employee of Hunter Crane. Thomas alleged that plaintiff “negligently or carelessly operated” said crane, the crane to collide with her vehicle and causing serious bodily injury. General Crane denies allegations. The case was settled in February 2008.
Bernard Borses v. Royal Crane, LLC et al
Filing Date: 3/16/2006
Case Type: Other Negligence
Status: A settlement was reached
Bernard Borses was involved in an auto accident in August of 2005 with a Terex crane owned and operated by Royal Crane working in a residential community. The plaintiff alleges that the crane operator failed to provide adequate safety precautions, such as flags and cones. The plaintiff struck the crane and suffered permanent medical damages. Royal Crane denied allegations. The case was settled in March 2007.
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Miami-Dade County, Florida Court
Atlas Traffic Management Systems, LLC v. General Crane USA, Inc.
Filing Date: 7/11/2009
Case Type: Other Civil Complaint
Status: Stayed due to bankruptcy
Plaintiff, Atlas Management Systems, alleges it contracted the defendant, General Crane, to provided services, including hoisting overhead sign structures for a Florida Turnpike project in Miami-Dade County. Atlas alleges that in September 2008 General Crane worked in an “unreasonable and negligent manner,” which resulted in the defendant’s crane tipping and dropping an overhead sign structure. Plaintiff seeks relief for compensatory damages to the structure.
Danilo Zelaya et al v. Palm Beach Trucking, LLC et al
Filing Date: 9/13/2007
Case Type: Auto Negligence
Status: A Settlement was Reached
Cause of action arose out of an incident in July 2004 when an employee of Palm Beach Trucking, LLC allegedly operated a vehicle negligently, rear-ending Danilo Zelaya's vehicle on I-95 and causing injury to the plaintiff. Palm Beach Trucking denies allegations.
David Spitzberg v. General Crane (USA) et al
Filing Date: 8/20/2007
Case Type: Other Negligence
Status: A settlement was reached
Cause of action arose when the plaintiffs, David and Helen Spitzberg, alleged that on October 24, 2005 a construction crane owned by General Crane situated next to the Plaintiffs’ hi-rise condominium unit collapsed into their bedroom causing damage to the Plaintiffs’ dwelling as well as physical and mental injuries to the Plaintiffs themselves. A settlement was reached between the parties in March 2009.
Helen M. Levin v. General Crane (USA) et al
Filing Date: 2/28/2007
Case Type: Other Negligence
Status: A settlement was reached
Cause of action arose when the plaintiff, Ms. Levin, alleged that on October 25, 2005 during Hurricane Wilma a construction crane owned by General Crane and leased to Teitelbaum Concrete Company standing near her hi-rise condominium building blew over and crashed into the condo unit directly above her residence causing extensive water damage.
A.V.I. Contractors, Inc. v. Gulfstream Crane, LLC
Filing Date: 2/6/2007
Case Type: Contract & Indebtedness
Status: Dismissed
The plaintiff, A.V.I., which entered into an agreement to rent a tower crane for a construction project from Gulfstream, the defendant, alleged multiple counts against Gulfstream, including breach of contract, fraudulent lien, and tortuous interference. Gulfstream Crane denies allegations. the case was dismissed in July 2008 following the satisfaction of the lien. Gulfstream Crane denies allegations. The case was dismissed in July 2008 following the satisfaction of the lien.
Rolando Alvarez et al v. Hunter Crane, Inc. et al
Filing Date: 3/21/2006
Case Type: Auto Negligence
Status: Dismissed
Cause of action arises from an accident in February 2005 where a pedestrian, Rolando Alvarez, was struck and killed by a tractor trailer truck owned by Hunter Crane and driven by another defendant with the consent of Hunter Crane. Hunter Crane denied allegations. The case was dismissed in September 2008 for lack of prosecution.
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Escambia County, Florida Court
Deep South Crane Rentals, Inc. v. General Crane USA, Inc.
Filing Date: 1/26/2009
Case Type: Contract & Indebtedness
Status: A settlement was reached
Deep South Crane Rentals is suing General Crane for $68,002.10 for alleged failure to pay fees for services redered. General Crane denies allegations.
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