Case Name Withheld

N/A

OUTCOME: $14,000,000

For the families of two workers who suffered severe burn injuries resulting in death. An explosion occurred in a confined area of an industrial workplace. The cause of the explosion was disputed. After ... the incident, investigation by regulatory authorities revealed several defective welds. Plaintiffs cited several measures which could have been taken to avoid the explosion. Defendants argued that these measures would not have been helpful as the defect which caused same was latent and undetectable. A course of intense and extensive discovery commenced. Approximately 1.5 million pages of documents were exchanged, scanned, reviewed, indexed and utilized. There were approximately 50 depositions, including several multi-day and out of state depositions. The parties retained multiple experts in a variety of specialties, including metallurgy, code, plant operation, industry, traumatic medicine, forensic economic experts, psychology and plastic surgery. Two workers suffered severe burns which led to their death. Plaintiffs’ counsel alleged four separate areas of damages, including pain and suffering, imminent fear of death and damages under the Wrongful Death Statute. These claims were supported by testimony and expert opinion. These experts were prepared to testify that, despite their highly medicated state, these workers experienced significant physical pain. In addition to the physical pain and suffering, Plaintiffs were prepared to offer expert testimony that these workers were aware of their imminent demise. Plaintiffs’ expert opined their imminent fear of death was supported by medical records, lay witness and expert testimony. The evidence also established losses of comfort, care, companionship, advice, counsel, guidance, support and protection. Their economic losses were also supported by expert opinion. Plaintiffs’ expert opined personal consumption was minimal, and these workers would remain gainfully employed beyond the age of 65. Upon the completion of factual discovery and expert exchange, the parties agreed to mediation. The mediation took place over three days. The parties reached agreement on both claims. The parties agreed to settle the claim for the worker with a wife and children for $9,000,000.00 and the second claim for the worker with the adult children for $5,000,000.00, for a total settlement of $14,000,000.00.