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David Paris and co-counsel represented the family of a cylinder repairman who was killed when a cylinder he had been brought to repair exploded under pressure, killing him instantly. A trucking company asked a truck repair company to remove an accumulator cylinder from the tag axle of its cement mixer so that the former could deliver it to a cylinder repair shop. The cylinder contained pressurized nitrogen gas of which the trucking company claimed to be ignorant. However, upon purchase of the truck, the company had signed documents asserting that it had reviewed the manuals and was familiar with its component parts and manner of operation. The truck repair company conceded that it was aware that this type of cylinder had pressurized gas but chose not to bleed the gas prior to removal and chose not to place a warning on the cylinder. The cylinder was delivered to the decedent’s employer for repair. Neither decedent nor anyone at his shop was familiar with a gas pressurized cylinder, and during the dis-assembly, the pressurized gas propelled the piston into the plaintiff’s decedent, killing him instantly. In pre-trial motions, the Court ruled that defendants would be permitted to argue apportionment of fault to the statutorily immune employer. The case settled after a weeklong mediation. Our client was survived by a spouse and 2 adult sons. Economic damages were projected as $800,000 – $1,200,000.
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