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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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