Plant Explosion Sends Three to Augusta Burn Center – Longest Jury Trial
Foster Law Firm was associated to bring lawsuits arising out of a June 1, 2004 explosion, caused by sparks slag from a cutting operation which landed on pallets of Sodium Bromate, a powerful oxidizer. Watch the video demonstration test of only 4 pounds of this chemical exploding!
Foster Law Firm LLC was associated to file lawsuits on behalf of the injured men to sue the manufacturer and Chinese importer Matrix Outsourcing and distributors Trinity Manufacturing and Univar U.S.A. The Bromate packaging was changed from ignition resistant drums to easily ignited 25kg plastic bags before the fire. The Plaintiffs also contended the bags lacked proper marks and labels as required by IMDG and DOT regulations, as well as those by OSHA. The bags were loaded 40 to 50 per pallet and were sight unseen by any Defendant representative at any point in shipping from China to Seneca, S.C. When slag from cutting steel pipe landed on three or more pallets containing 10,000lbs of the Sodium Bromate material, an explosion ensued, and the men, tied off in the pipe rack, were exposed to tremendous heat, smoke and toxic gas. They suffered second and third degree burns, permanent lung damage and orthopedic injury. They incurred $1.95 Million, $720,000, and $1.25 Million, respectively, in medical bills and claim to be permanently disabled. Prior to the beginning of trial, Plaintiffs Black and Martin settled with Defendants Trinity and Matrix for a confidential sum.
The three cases were consolidated for a bifurcated trial, and tried on the liability issue beginning Oct. 20, 2008, for 21 days, the longest civil trial in Oconee County history. The jury returned a verdict in favor of the three plaintiffs against Univar USA, Inc. for breach of an express warranty to label the bags in accordance with OSHA and DOT requirements. The damages phase lasted an additional 9 days, and the jury returned verdicts as follows: Keith Black – $2.6M; Scott Lawing -$1.9M, Tammy Lawing $100,000; Curtis Martin -$1.4M, Tina Martin $100,000. Plaintiffs filed post trial motions for new trial nisi additur. In addition, the Defendant filed an appeal of the determination of liability in the first trial. The court granted the motions adding $1.4M to Martins award and $2.2M to Lawing’s award. The totals are:
Keith Black
-
$5.1M
Scott Lawing
-
$4.1M
Tammy Lawing
-
$100,000
Curtis Martin
-
$4.4M
Tina Martin
-
$500,000
Grand Total
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$14.2 Million
This trial is believed to be one of the longest, if not the longest, civil jury trial in state court in S.C.
The cases are styled Keith Black, Curtis Martin, and Scott Lawing vs. Univar USA, Matrix Outsourcing, LLC, & Trinity Manufacturing Inc., C.A. No. 2005–CP-37-604 & 605 and 2006-CP-37-30.
News Coverage of the Longest Trial
The trial and subsequent motions were covered by one radio station and four newspapers. Here is what some of them reported about the trial: Daily Journal, Seneca 12-30-08 – “Burn Victims Seek New Damages Trial” The journal reported the combined $6.1M verdicts were being challenged by the plaintiffs as inadequate based upon juror affidavits. Some of the jurors were quoted :
“The judge’s instructions were disregarded, and the decisions were made on the premise that anything that had been paid by workers compensation would not have to be repaid”
“ …the jurors discussed that the Plaintiffs could apply for and receive social security benefits, and that once they got their disability Medicare would pay their medical bills.” The Greenville News – “Judge Adds Millions to Injured Workers’ Awards” The News reported that the judge granted the Plaintiffs motion to add to the verdicts and that “an Upstate chemical company must pay another $3.6 Million to two men who suffered severe burns and other injuries while working at a metal refinery plant…” According to the paper the trial judge was quoted: “Black suffered second and third degree burns to 47% of his body and spent 46 days in the Augusta Burn center, where he underwent multiple surgeries and requires nine more.”, in denying the request for verdict offsets from previous settlements. Daily Journal, Seneca 4-2- 09 – “Judge Orders higher Payout to Plant Explosion Victims” The paper reported that the judge, in holding the awards inadequate, added$2.2M to Lawing’s $1.9M jury verdict for a total of $4.1M, and increased Martins $1.4M award by a like amount, for a $2.8M recovery.
Robin Foster Burn Injury Attorney
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