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Jury rulings stand in U.S. Steel carbon monoxide poisoning case

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A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.

Roberto Hernandez appealed the jury’s determination that U.S. Steel was 15 percent to blame in his poisoning and therefore was ordered to pay $698,668 of total damages of more than $4.65 million. The court also rejected as moot a cross-appeal from worker’s compensation carrier Zurich North America.

In Robert Fechtman, as Guardian of the Estate of Roberto Hernandez v. United States Steel Corporation, Zurich North America, 45A04-1209-CT-474, Hernandez argued that the trial court erred by declining to provide a tendered jury instruction regarding strict liability for the conduct of an abnormally dangerous activity.

Hernadez was injured when he was working in an area where a dust-catcher from a blast furnace was emptied, releasing a large amount of carbon monoxide. The court noted that U.S. Steel followed its safety procedures, including repeated notice over the public address system announcing the dust catcher was about to be dumped.

Hernandez’s contract employer, Roger & Sons, is a nonparty to this suit, and the jury found it 80 percent liable for Hernandez’s injuries, and Hernandez 5 percent liable.

“Viewing all of these factors in conjunction, it is clear that there is a certain degree of risk involved in dumping the dust catcher, and the harm that results from carbon monoxide exposure can be great. But through the exercise of reasonable care, the risk can be minimized if not wholly eliminated,” Judge Paul Mathias wrote for the panel.

“Indeed, were it not for the negligence of Hernandez’s employer, who was found to be eighty percent at fault for Hernandez’s injuries, he would not have been, unbeknownst to U.S. Steel, in an area where he could have been exposed to the gas when the dust catcher was dumped.”




 
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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