Wednesday, May 3, 2017

Apprentice Tradesman Burned to Death at Industrial Company

Personal Representative of the Estate of a 21-year old Deceased vs Defendant Industrial Corporation and Defendant Trades. Settlement: $4.25 Million Dollars, February 2012. Plaintiff’s Decedent was an apprentice tradesman working at Defendant Industrial Company, as were Defendant Trades. All parties were present at Defendant Industrial Company for the purposes of unblocking a gas washer. Defendant Industrial Company developed a plan and sequence utilizing all of Defendant Trades and Plaintiff’s Decedent’s Trade to unblock the gas washer. At the date and times these events were to take place, Defendant Industrial Corporation eliminated the safest access to address the blockage. Defendant Industrial Corporation altered the plan so that Defendant Trades would attempt to unblock the gas washer by attempting to vacuum or water jet out the clean out lines and/or replace a 40-inch clean out pipe at the bottom of the clogged gas washer. If these attempts were unsuccessful, Plaintiff’s Decedent’s Trade would remove a flange attached to the bottom of the gas washer. Defendant Trades were unsuccessful in their attempts at unclogging the gas washer. All Defendants were aware that any material in the gas washer was known to be super heated. After Defendant Trades were unable to unclog the gas washer, Defendant Industrial Corporation advised Plaintiff’s Decedent to proceed in removing the flange. The flange was located at the bottom of the gas washer in an area that subsequently was defined as a confined closed space, meaning there was limited ingress and egress. Plaintiff’s Decedent was standing in front of the flange removing every other bolt as instructed by Defendant Industrial Corporation in preparation for its removal. After completing the task of removing every other bolt, Plaintiff’s Decedent was instructed to begin removing the rest of the bolts. With one bolt left, the flange opened, engulfing Plaintiff’s Decedent in hot steam water and mud. Plaintiff’s Decedent was burned over 95 per cent of his body. Plaintiff’s Decedent expired the following morning.

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