A Delaware Superior Court jury has awarded $18,228,409 to the family of two brothers killed when a Genie Z135/70 articulated boom lift toppled in high winds during a 2020 cell tower job in Bethany Beach. Jovan Maldonado-Andino, 23, and Bryan Maldonado-Andino, 22, were roughly 120 feet in the air installing antennas on the Sussex Water Company tower on November 2, 2020, when wind gusts toppled the lift. Sitting in New Castle County before Judge Francis J. Jones Jr., the jury found general contractor Nexius Solutions Inc. and worker training academy Myndco Inc. liable after a seven-day trial. The family was represented by David L. Kwass and Michael J. Zettlemoyer of Saltz Mongeluzzi Bendesky.
Case at a Glance
- Verdict: $18,228,409
- Case Type: Workplace Death / Wrongful Death
- Court: Delaware Superior Court, New Castle County
- Verdict Date: April 27, 2026
- Plaintiff: Vanessa Andino, administratrix of the estates of Jovan and Bryan Maldonado-Andino
- Defendants: Nexius Solutions Inc.; Myndco Inc.
- Plaintiff Attorneys: David L. Kwass and Michael J. Zettlemoyer, Saltz Mongeluzzi Bendesky
What Happened on the Bethany Beach Cell Tower Job?
The two brothers were employed by Velex Inc., a telecommunications subcontractor, and had been hired to install cellphone antennas atop the Sussex Water Company tower in Bethany Beach. They entered the platform of a Genie Z135/70 articulated boom lift and were elevated roughly 120 feet above the ground.
Wind gusts that day were reportedly between 35 and 44 mph, well above the lift's manufacturer-rated maximum wind threshold of 28 mph. The lift toppled, became tangled in nearby powerlines as it fell, and the brothers were killed.
Velex was later cited by the federal Occupational Safety and Health Administration for three serious violations connected to the incident.
How Did the Jury Find Nexius and Myndco Liable for the Boom Lift Tipover?
Plaintiffs' counsel argued at trial that Nexius Solutions, as the project's general contractor, had contractually agreed with Velex to oversee safety on the job. The general contractor also maintained its own internal policy prohibiting aerial lift use when winds exceeded 20 mph. Despite that policy, the brothers were sent up in reported conditions at nearly twice the company's stated threshold.
The plaintiffs also argued that Myndco Inc., the training academy responsible for certifying the workers on aerial lift operations, failed to provide adequate operator training for the Genie Z135/70.
The jury agreed, returning verdicts totaling $18,228,409 against both defendants. A third defendant, Sunbelt Rentals Inc., which had rented the lift to Velex, reached a confidential settlement with the family in March 2026 and was dismissed from the case before trial.
Why This Boom Lift Verdict Matters for Plaintiff Attorneys
The case is a current Delaware data point on workplace wrongful death damages. Both decedents were young, single, and earning entry-level subcontracted wages, a common defense lever for arguing depressed economic damages. The eight-figure award here suggests the New Castle County jury weighed the value of a life rather than a paycheck, and rejected attempts to allocate fault to the deceased workers themselves.
The liability theory is also one plaintiff lawyers will recognize. General contractors who retain a written safety oversight role over subcontractors carry direct duty exposure, particularly where the GC's own policy is more restrictive than the equipment manufacturer's. Plaintiff attorneys handling Delaware verdict news and similar workplace death cases can use this verdict as a benchmark for both compensatory damages and the strength of the contractual safety duty argument.
Who Represented the Plaintiffs?
The family was represented by Saltz Mongeluzzi Bendesky partners David L. Kwass and Michael J. Zettlemoyer. Kwass is co-chair of the American Association for Justice's Crane and Aerial Lift Litigation Group and has tried similar tipover cases for nearly three decades. Defense counsel included Marc Perry and R. Joseph Hrubiec of Post & Schell, and Walter O'Brien and Krista Shevlin of Weber Gallagher.
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Frequently Asked Questions
Q: Why were the general contractor and the training company liable when the workers' direct employer was Velex?
Under Delaware law, a general contractor who contractually retains responsibility for jobsite safety can be sued directly for negligence. That's a separate path from any claim against the workers' direct employer, which is typically shielded by the workers' compensation bar. The plaintiffs argued that Nexius Solutions had agreed to oversee safety operations and had its own wind-threshold policy, both of which created an independent duty owed to workers on the project. Myndco was a training academy, not the workers' employer, so the workers' compensation bar did not apply to it either.
Q: What is the wind threshold for a Genie Z135/70 boom lift?
The Genie Z135/70 articulated boom lift's maximum operating wind speed is 28 miles per hour, per the manufacturer's specifications referenced at trial. On the day of the incident, winds were reportedly gusting at 35 to 44 mph, well above that threshold. Nexius's own internal safety policy was stricter, prohibiting aerial lift use above 20 mph.
Q: Is the verdict final, or can the defendants appeal?
The Delaware Superior Court entered judgment against Nexius Solutions and Myndco for $18,228,409 on April 27, 2026. The defendants may file post-trial motions or appeal the judgment to the Delaware Supreme Court, but no appeal had been reported as of publication.
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