Question juridique clé
Whether the operator committed negligent homicide by violating his duty of care while handling the suspended formwork panel.
Solution extraite
Yes. As a specially trained crane operator, he had to secure the load and lower it to the ground before cleaning; keeping it suspended was a culpable breach of prudence.
Motifs extraits
Professional crane safety rules and construction safety duties placed responsibility on the operator, not on the mason or hierarchy on site. The trust principle did not excuse him because he knew the victim intended to move under the load.