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Saturday, December 13, 2008
Ind. Decisions - "$48 million judgment in steel mill fall"
The ILB doesn't generally cover jury awards, but this one seems notable. Here are two reports.
From James D. Wolf Jr of the Gary Post-Tribune, this story:
CROWN POINT — It might be a record Indiana court settlement for a man who was rendered a paraplegic by a 2004 fall at the former ISG Burns Harbor steel mill.From Craig Davison of the Michigan City News-Dispatch, this report, including the following:After a 10-day trial, a Lake County jury awarded Anthony Arciniega, 42, of Westville $48 million late Thursday.
Although larger settlements have come in other types of cases, “for somebody that’s been paralyzed from the waist down, it’s a record,” said Kenneth J. Allen, who represented Arciniega and his wife, Sarah. “I think the jury recognized the enormity of the loss to their family.”
Arciniega fell from a ladder at ISG Burns Harbor — now ArcelorMittal — in November 2004. Court documents state that the ladder was covered with refractory concrete due to the negligence of subcontractor Minteq International. * * *
“This tragedy was not the fault of Mr. Arciniega. It was the fault of others and the jury saw that,” Allen said.
Because he had a family to support, the wheelchair-bound Arciniega returned to work within six months. He still suffered from nerve pain, as doctors and co-workers testified to during the trial.
His wife, a licensed practical nurse, worked at a nursing home to make ends meet, as well as serving as Arciniega’s nurse and taking care of the couple’s three children.
While the $48 million verdict is a large sum, it is not the largest in Indiana history. According to Indiana Jury Verdict Reporter, there have been verdicts of $60 million and $56.5 million since 2000.
Posted by Marcia Oddi on December 13, 2008 03:50 PM
Posted to Ind. Trial Ct. Decisions