Jersey City, New Jersey— Brian Tubaugh, Kenneth Carney, Michelle Carney, Philip Funk, Rosemary Funk v. Danieli of America, Inc. a/k/a Danieli Corp., Danieli & Co. Officine Meccaniche, s.p.A. a/k/a Danieli & C. s.p.A./Docket #MID-L-12250-94
A Middlesex County jury returned a personal injury award yesterday in New Brunswick, New Jersey, before the Honorable Alan J. Rockoff, J.S.C. in the amount of $7,541,913., exclusive of pre-judgment interest. The trial began on January 3, 2000 and the jury deliberated for a day and a half, before reaching its verdict. The plaintiffs were represented by Robert E. Margulies and Clifford A. Herrington of the Jersey City firm, Margulies, Wind, Herrington & Knopf. The defendants, an Italian manufacturing company and its American subsidiary, were represented by John R. Altieri of Hackensack, New Jersey and Frank Ciano of Pino and Associates of White Plains, New York.
This products liability case arose from the failure of Danieli to provide safety shields, as well as an emergency escape route on its continuous steel casting billet machine, which was installed in 1972 at the New Jersey Steel plant, now Co-Steel in Sayreville, New Jersey. The machine produced steel rods to be made into rebar, used in reinforced concrete construction. The casting process used molten steel in a large refractory lined ladle which was essentially a simmering pot of 3000 degree steel, the contents of which weighed about 90 tons.
Brian Tubaugh worked as a ladle operator, which required him to perform his job in close proximity to the ladle. Mr. Carney and Mr. Funk were mold operators whose work was performed on a lower level of the casting deck.
On December 1, 1992 the ladle erupted, splashing molten steel onto the casting deck of the machine, burning each of the three plaintiffs. Brian Tubaugh was taken by helicopter to St. Barnabus Medical Center. He was burned, suffering pemanent injury over 92% of his body and remained in the hospital's burn unit for 168 days. Modern medicine, a strong will and caring treatment were the basis of his recovery. Mr. Tubaugh's medical expenses total $996,195. Mr. Tubaugh was awarded $7,196,195., including $5,000,000. for disability, disfigurement and pain and suffering; $1,200,000. for past and future lost earnings; and his medical bills of $996,195. Mr. Tubaugh is 39 years old and resides in Wheeling, West Virginia, his home town. Kenneth Carney of Jackson, New Jersey was awarded $107,788. and Philip Funk of Parlin, New Jersey was awarded $237,930.
Mr. Tubaugh said, "I am satisfied with the verdict." Mr. Margulies commented: "The verdict will allow Mr. Tubaugh to lead the rest of his life in a dignified manner." He further stated "This verdict, reflecting the conscience of the community, should send a message to steel manufacturing companies that they must provide protection and emergency escape routes for the workers on the dangerous manufacturing machines. It's blatantly unfair to allow people, in this day and age, to work on unsafe machinery."