$48 million for worker paralyzed in fall from ladder in steel mill

Arciniega

Where did the incident take place?

November 20, 2004 at the ArcelorMittal Burns Harbor, Indiana steel mill.

Who was involved in the incident?

Anthony Arciniega- millwright for ArcelorMittal

ArcelorMittal- Anthony’s employer

Minteq International, Inc.- contractor for ArcelorMittal- refractory concrete specialist

Sarah Arciniega- Anthony’s wife- not involved in incident but had a consortium claim as a result of Anthony’s injuries

What was the cause?

Anthony was performing work on the turret assembly of the degasser unit and was required to use the ladder that was attached to the platform. Anthony fell while using the ladder due to the excessive coating of refractory materials covering the ladder when a piece of the gunnite applied by Minteq broke from the ladder.

 Who do you feel is at fault?

Minteq was at fault. Minteq was responsible for applying gunnite, shotcrete and other refractory coatings on the snorkels of the degasser turret. In spraying coatings on and around the snorkels for the unit, Minteq carelessly caused and allowed excess refractory material to fall onto and coat the unit’s turret assembly, including the ladder affixed to the turret, all the while knowing that people were required to access the unit and turret using that ladder.

 What did Kenneth J. Allen Law Group do to prepare for this case?

Had an expert prepare a life care plan for Anthony to explain the future life care costs for Anthony as a result of his injuries. Had several experts in safety analysis, biomechanical and biomedical engineering, and mechanical engineering thoroughly review the evidence in the case to determine safety violations, the biomechanics of Anthony’s fall from the ladder, and the root cause of his fall.

 Any other pertinent information you’d prefer to share?

Anthony sustained a spinal cord injury resulting in paraplegia, disfigurement, and permanent disability. Jury awarded $40 Million to Anthony and $8 Million to Sarah, and assessed 50% fault on Minteq and 50% fault on ArcelorMittal (Anthony’s employer).

Click here to read the NWI times story on this case

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