Jury Finds TXI Guilty in Blast Death
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
<< BACK TO PERSONAL INJURY ARCHIVE
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
<< BACK TO PERSONAL INJURY ARCHIVE