$6.2 Million Verdict for Brothers Severely Burned in Explosion

Corboy & Demetrio attorneys assumed responsibility for a case following the death of the plaintiff’s previous attorney. The case laid dormant for 18 years in the previous office. After defeating motions to dismiss based on the doctrine of laches (applied in circumstances where plaintiffs have sat on their rights to the prejudice of a defendant), Tom Demetrio tried the case to verdict in favor of the plaintiffs for $6.2 million. The case involves two brothers who were working at a grinding mill plant pulverizing 20 tons of calcium stearate when the dust created by the process exploded. Both were thrown through a wall of the plant and severely burned. One brother sustained burns to more than half of his body. The company that ordered the pulverization failed to warn the workers that the dust from the calcium stearate was highly combustible. The appellate court affirmed the trial court’s decision not to apply the doctrine of laches and upheld the judgment in favor of the plaintiffs.