Articles Posted in Legal

In early June, a federal jury in St. Louis awarded $180 million to three men who suffered blast injuries and severe burns while working in a Chester, IL grain bin that exploded in 2010.

One of the men, John Jentz of St. Peter, MN clearly remembers the explosion at the ConAgra grain bin: “I heard the bang. I heard the rushing of the air, and the fireball,” he said. Jentz’s co-worker, Robert Schmidt, was riding down a single-lift hoist when the explosion occurred. “It was probably the third boom when I realized that an explosion was happening, and I just froze–I knelt down and started praying,” Schmidt said. “I thought, ‘This is it, I am going to die.'”

Chicago attorney Robert Clifford, who represented Jentz and Schmidt, said there had been signs of trouble in the grain bin before the explosion, such as temperature readings of up to 400 degrees. Clifford asserted that grain bin operators ignored safety problems because they were trying to maximize use of the product. “It was either because they didn’t want to close down the facility, or they were trying to save the product that they were trying to extract so that they could resell it,” he said.

In the past several years, small fires were actually common at Hoeganaes Corporation’s metal powder plant outside Nashville. By early 2011, some workers had become good at beating down flames with gloved hands or a fire extinguisher.

The company’s own product fueled the fires: Scrap metal comes into the plant and is melted, atomized and dried into a fine iron powder that is sold to makers of car parts. But often, powder leaked from equipment and settled on ledges and rafters. One worker said he could hear the popping sound of dust sparking when it touched live electricity.

In the early morning of January 31, 2011, a worker was called to check out a malfunctioning bucket elevator that moves dust through the plant. Near his feet, electrical wires lay exposed. When the machine restarted, the jolt knocked dust into the air. A spark — likely from the exposed wires — turned the dust cloud into a ball of flame that engulfed the worker. He suffered severe burns over 95 percent of his body, and lived just two more days at the Vanderbilt University Medical Center’s burn unit before dying.

In Waldorf, Maryland last week, local doctors came to the aid of a man who accidentally set himself on fire while trying to light a homemade barbecue pit.

The man was treated for first degree burns and second degree burns across nearly 50 percent of his body. Authorities say the man was burned when vapors from the flammable liquid he had poured over the wood inside a 270-gallon barrel ignited, and caused a flash fire.

Luckily, the man was able to drive himself to a local hospital, but he was later transferred to the burn unit at Washington Hospital Center. However, if there had been other people around him when the fire took place, they could have suffered severe burns to their skin or lungs as well. In such a case, it is likely that the man would have faced a liability lawsuit due to negligence in creating a grill from a barrel that is not intended for such use.