We have a 40+ year old rental home in Alamogordo, NM. One morning, I noticed a large Lull forklift ILLEGALLY parked adjacent to our North block retaining wall on the sidewalk adjacent to the wall about 2 feet from the wall. I also noticed that opposite to where each of the Lull wheels rested on the ground the wall is severely cracked just above the sidewalk. I had inspected the area two days earlier for weeds and debris and there was no wall cracking at that time and no raining in between. And there is no wall cracking between the cracked areas or on either side of the cracked areas. Later measurements by me indicate that the sidewalk was sunken in about a 1/2" where the Lull tires rested. My tests also indicate that the inner edge of the sidewalk rests on the outer edge of the wall's foundation. I do not know for certain if the wall's foundation is also damaged. I used a metal detector to verify that there is rebar in the cinder block.
I took many photos of the Lull and wall, a few of which are at:
The land where the Lull was parked - my property - is pitched about 5 degrees up to the wall. I estimate that the weight of the Lull to be about 8,000 lbs (actual weight??), and that the shear force into the wall was therefore about 700 lbs (8000 x sin[5 deg.]) plus there was likely much greater direct downward force on the wall's foundation, probably 1,000s of pounds. Clearly, the Lull cracked the wall. However, the insurance company of the Lull owner (a contractor building a clinic adjacent to our property) has refused to pay, claiming that the wall is "old" and probably has a "defective foundation." Because of this refusal, we will probably have to litigate this matter.
I have done some relevant Internet research with limited results. I still need to obtain definitive information on: (A) Government and industry safe distance standards, regulations, etc. for driving and parking heavy construction vehicles near walls and buildings. (B) Specific Lull operating manual and other Lull documentation that addresses this safety issue. (C) Websites, books, specific periodicals, etc. which addresses these issues. (D) The make, model, and closer approximation of Lull weight. (E) Based on the Lull's number shown in a photo, how to trace the Lull, its history and ownership in NM. (F) OSHA forbids "stunt driving" of construction equipment, based on definition of stunt driving, this incident clearly is covered, but if you know specific on-target stunt driving precedents relied upon by OSHA, please let me know. (G) If you know someone who can evaluate and testify as an expert witness in the Alamogordo, NM, area please let me know (not a dire necessity since most jurors already understand gravity). (H) I expect my causes of action will far exceed negligence and trespass and to file a lawsuit for a very large amount in NM State District Court, should you know of an attorney who would probably be interested in handling my case on a contingency-fee basis, please let me know.
I am an older Disabled Veteran who knows little about repairing block walls, so if you know someone reliable and modestly-priced contractor in the south-central New Mexico area who can inspect my wall and/or give me an estimate for free or low-cost, please also let me know. Also, if you know of a reliable structural engineer in this area who can evaluate the situation to ascertain just how great the damage, please let me know. Please respond. I need all the help I can get. Thanks. John J. Williams snipped-for-privacy@jjwill.com