Widow of welder killed in 2003 explosion is awarded $24 million
March 23, 2007
By BRENDAN M. CASE / The Dallas Morning News
bcase@dallasnews.com
The widow of
a Waxahachie man killed in an explosion at a
Texas Industries Inc. plant in Midlothian was
awarded $24 million by a Dallas jury Friday.
The verdict was the culmination of a monthlong
trial in which the Dallas-based company was accused
of negligence and recklessness in the death of
34-year-old Gordon Rutherford, who was working
for Circle 4M Welding, a TXI contractor.
Mr. Rutherford was killed
in January 2003, when a fire broke out involving
a pollution-control device called a scrubber
that contained "extremely
hazardous and flammable materials," according
to the wrongful-death lawsuit filed by Mr. Rutherford's
widow, Amy.
Three other welders were burned in the incident,
including one who was hospitalized.
"TXI ignored basic safety principles by
sending this team into a highly dangerous situation,
without adequate warning and without properly
maintained equipment and fire extinguishing devices
that might have saved Gordon Rutherford's life," said
Michael Heygood, a lawyer for Ms. Rutherford,
in a statement.
In a separate statement,
TXI vice president and treasurer Ken Allen
said: "TXI is sorry
for this tragic accident.
"TXI takes workplace
safety very seriously and has won numerous
safety awards for its overall safety record."
TXI executives declined to say whether the company
would appeal the verdict.
Courts often lower jury awards, according to
lawyers not connected with the case.
TXI's stock rose 60 cents Friday in composite
trading on the New York Stock Exchange, closing
at $78.46 per share.
The cement maker and supplier of heavy building
materials earned net income of $28.7 million
on revenue of $245.8 million during the three
months ended Nov. 30, the latest period for which
figures are available.
TXI knew of the risk in the area where Mr. Rutherford
was working, because the plastic in the pollution
scrubber had overheated and melted 18 months
before Mr. Rutherford's death, Mr. Heygood alleged.
A representative of the company that manufactured
the plastic testified that he had previously
recommended that TXI replace the plastic with
stainless steel for several reasons, including
the risk of overheating, Mr. Heygood said.
"Mrs. Rutherford hopes this verdict will
save other lives," said Robert Lee, a lawyer
who also represented her.
"As a result of this
verdict, industrial plants hopefully will understand
the need to ensure they hire experienced safety
professionals to overlook the operations of their
facilities."
E-mail
teiserer@dallasnews.com
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