This section contains the nature of the case and procedural background.

Dempsey (P) was a pile driver employed on a construction project. The project was then in the excavating stage. P's employer rented a crane from Addison (D). The crane operator and his assistant proceeded to lift the welding machine by means of the crane, to shift it to a different location, and to let it down in the new place. Four pile drivers, including P, were holding the machine, each of them holding one corner, in order to prevent it from twisting. An auxiliary jib attached to the boom broke loose, fell, and hit and struck two of the pile drivers who were holding the corners of the machine. One was killed, and P was seriously injured. P sued to recover damages from the crane operator for the injuries sustained by him. P's wife also sued for loss of consortium.

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