The Outcome: Following a meeting with Mine Safety and Health Administration (MSHA) representatives in Brooklyn, we filed suit against Holcim and four individual defendants just over two months after Hinckson’s death. A preliminary investigation demonstrated that Holcim had a poor safety record with respect to MSHA fines and regulations. We retained engineers, mine safety experts, human factor experts, forensic pathologists, and additional experts to investigate this accident.
Still, somewhat predictably, litigating against “Big Concrete” proved to be a challenge—but one our team was up for. Our diligent pursuit of internal corporate investigation records and communications following the incident and skillful cross-examination during dozens of employee depositions helped us uncover the information needed to achieve this landmark result.