$1.6 Million Settlement for Worker Killed by Toxic Gases

• Date: Fall 1999
• FIRM
• Settlement: $1.6 Million
• Practice Areas: Construction Accident, Unsafe Workplace, Wrongful Death

When a 34-year-old man attempted to rescue a co-worker who was overcome by toxic fumes inside a tank truck, he was also poisoned by the fumes and died.

On behalf of both plaintiffs, the firm filed suit against a separate corporate division of the plaintiffs’ employer so as to avoid the workers’ compensation bar. After his motions were decided favorably to the clients, the case was assigned to trial. The sole feasible claim for both plaintiffs was a violation of confined space hazard identification and safety procedures which, on behalf of the plaintiffs, the firm alleged would have prevented both deaths.

After two days of trial, the firm obtained $1,250,000 for the estate of the first worker overcome by fumes, and an award of $350,000 for the estate of the second worker who died trying to save his co-worker.