The story of a construction manager in Parma (Italy) has hit the local media for having lost a luxurious watch Rolex Daytona valued at around 16,000 euros while working on one of the construction sites that he had to supervise as part of his job.
As if it were not striking enough that a construction worker (no matter how much of a construction manager he was) I had a Rolexand took him as if nothing had happened to an environment as hostile as a work in progress, the employee decided to add a twist to the drama of the story: sue the company, accusing it of being responsible for the loss of the valuable watch. Two courts had to show him what seemed obvious.
Luxury formwork
In May 2016, the person in charge of a construction site in the Italian city of Parma carried out the usual prior verifications when pouring concrete necessary to build the foundation of a building. Apparently nothing out of the ordinary in the reality of thousands of works anywhere in the world, except for the detail that this employee wore a Rolex Daytona on his wrist.
In one of these verifications, the person in charge detected that one of the pumps in charge of pumping the concrete into the intended hole was not working properly, which prompted him to take control himself at that precise moment and personally manipulate the nozzle of one of the machines to instruct his colleagues on how to pour it correctly.
While holding a metal chain anchored to the end of the concrete mixer chute to control the direction in which the material should be poured, he waited for the staff to reactivate the pump. It was then that, when the spill resumed, something happened that triggered the loss.
According to the witnesses called to testify in the trial: “Within minutes of resuming concrete pouring, while still holding the supply pipe as described, another sudden blockage occurred. Without giving him time to break free and move away, the pipe moved with a sudden and violent jerk, with such force that it lifted him off the ground and threw him several meters away.”
After the incident, the construction manager composed himself and warned that his Rolex Daytona had disappeared from his wrist: everything indicated that the valuable Swiss watch had disappeared in the middle of the quick-setting concrete. At that same moment, exhaustive searches were launched, even within the mix, but the watch was never recovered.
Outraged by the mishap, the employee blamed both the company and the machinery for the accident and filed a lawsuit requesting full compensation for the lost watch due to the malfunction of the concrete pumping system. According to collect The Italian newspaper Corriere di Bologna, in its statement, stated verbatim: “You owe me my Rolex Daytona for 16,000 euros; it is your fault and the machine’s fault.”
Common sense two courts
Italian justice was clear, and it was clear on two occasions: the responsibility fell on the construction manager for not being sufficiently cautious.
After lose the lawsuit In the first instance, the construction manager submitted the first ruling to the Court of Appeal of Bologna, which determined – for the second time – that “it is seriously unsustainable that directing the trunk of a concrete mixer to direct the pouring of concrete on foundations under construction is an activity that can be carried out wearing a 16,000 euro watch”, as literally stated in the ruling signed by judges Rossi, Gaudioso and Mazze who formed the court.
In their resolution, the magistrates concluded that the employee did not adopt the essential “expertise and diligence” measures, which made any claim against the company inadmissible. For this reason, the employee not only lost the valuable watch, but was also forced to pay an additional 2,500 euros in legal costs. The Rolex it cost him money even after losing it.
Image | Rolex, Unsplash (Troy Mortier)
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