19th Judicial District Court
Parish of East Baton Rouge, Louisiana
This was an action brought by
the male plaintiff vo-tech student age 21 at the time of the
subject incident and age 23 at time of trial, for injuries
suffered while carrying out an assignment in his welding class.
The plaintiff was operating an oxy-acetylene cutting torch when
sparks deflected off the table onto his shirt, igniting it. The
plaintiff alleged that tie State or Louisiana, through the Nunez
Vocational and Technical School and its shop instructor, was
negligent in the supervision or the plaintiff and failed to
implement proper safety measures to prevent this type or accident.
The plaintiffs additionally alleged strict liability against the
defendants under Article 3217 of the Louisiana Civil Code dealing
with Strict Liability. The fire caused second and third degree
burns over twenty percent (20%) or his body. Keloid scarring
developed, leaving unsightly ridges of scar tissue over his
abdomen and chest
At the time or this injury, the
plaintiff was a student at the Nunez Vocational and Technical
School in Chalmette, Louisiana, the evidence indicated that at the
time of the accident, the torch operated by the plaintiff was
stationed on an electrical moving cart and extended out over the
table to Hake a 45-degree cut on an iron plate. The plaintiff's
expert mechanical engineer testified that the table was defective
in design because it required the material being cut to be
elevated by large metal plates so that the flame could reach the
surface to be cut. The torch was also defective in that it
constantly lost its set, it required the operator to be in front
of the torch while operating it, and presented the opportunity for
the operator's clothes to be saturated with oxygen, according to
the plaintiff's expert.
The plaintiff further alleged that
the instructor was negligent in failing to require that the
plaintiff wear protective clothing during the cutting process. It
was during this process that the plaintiff was burned. At the
time of the accident, the plaintiff was 21 years of age and
unemployed, but was due to complete this welding course in a very
short period of time. When his clothes caught on fire, the
plaintiff received no help as the shop instructor was out of the
room.
In addition to claims of negligence
alleged by the plaintiff on the part of the school system, the
plaintiff asserted a claim of strict liability under Article 2317
of the Louisiana Code which in effect provides that when an
individual has custody or control of a thing which causes injury
to another, then that individual is deemed to be strictly liable
to the injured party. This causes the burden to shift to the
defendant to show that the fault for the injury rests with either
the victim or a third party.
The defendant denied that the
instruction and/or supervision were improper and maintained that
the equipment utilized by the plaintiff was safe when properly
used. The defendant contended that the plaintiff was
overwhelmingly comparatively negligent in standing directly in
front of the torch while performing the welding assignment. The
plaintiff countered that he was not directly in front of the
torch, but was off to the side when the accident occurred. The
plaintiff presented corroborating factual testimony from an
eyewitness. The defendant's factual contentions in this regard
were based upon a general statement made by the plaintiff during
deposition in which he stated that he was standing basically in
front of the torch at the time the accident occurred.
The medical evidence indicated than
the plaintiff suffered second and third degree bums over twenty
percent (20%) of his body. Especially severe were the burns on his
chest, neck and arms. The plaintiff suffered unsightly keloid
scarring over his abdomen. The severity of the hyperthropic
scarring which developed over his chest, arms and neck requires
occasional treatment with injections of corticosteroids. The
plaintiff's physicians testified regarding the plaintiff's
physical limitations which the plaintiff claimed disabled him from
working in his chosen field of manual labor and construction due
to his inability to tolerate exposure to the elements and to heat.
A verdict was returned in the
amount of $2,148,589.60. The award was broken down as follows:
$1,500,000 in general damages; $600,000 diminished future earning
capacity; $28,589.60 for past medical specials; and $20,000 future
medical specials. The jury determined no comparative fault on the
part of the plaintiff.
REFERENCE
Plaintiff expert mechanical
engineer; Percy Miller from Baton Rouge, LA. Plaintiff’s
vocational rehabilitation expert: Stephanie Chalfin from Baton
Rouge. Plaintiff’s expert economist: Lamar Jones from Baton
Rouge. Plaintiff’s treating plastic surgeon: Ann Riley from Baton
Rouge.
