By STEVE BINDER Illinois Correspondent
CHESTER, Ill. — ConAgra says it will appeal a federal jury’s award of $179 million to three workers burned during a grain elevator explosion in southern Illinois in April 2010.
The month-long civil trial in federal court ended June 1, and after the jury deliberated for about 10 hours, it decided the three plaintiffs would split $100 million in punitive damages, with compensatory damages of $41.5 million to John Jentz, $34 million to Justin Becker and $2.9 to Robert Schmidt. Jentz was awarded another $1 million from Westside Salvage, Inc., ConAgra’s co-defendant.
The explosion occurred April 27, 2010, at ConAgra’s flour mill operation in the Mississippi River town of Chester. Lawyers for the three workers argued during the case that the elevator had not been properly cleaned in 20 years, and the company failed to protect the workers when the grain’s temperature started rising and smoke was seen coming from the silo.
During a press conference last week in Chicago, the 38-year-old Jentz said all the money in the world couldn’t make him whole again. He suffered third-degree burns over 75 percent of his body. He can only go outside his house on days with mild temperatures because his body no longer can handle the heat or cold.
“No amount of money will take away the pain that I suffered and continue to suffer,” said Jentz, of St. Peter, Minn. “No amount of money will take away the stares of people that I will have to endure for the rest of my life.”
Schmidt lives in Hutchinson, Minn., while Becker is a Cedar Rapids, Iowa, resident.
ConAgra would only issue a statement after the trial: “Clearly, this accident was tragic. However, we do not agree with the verdict or the damages. Specifically, we do not believe our actions caused the injuries, and we will appeal this outcome.
“Safety has been and continues to be absolute first priority for ConAgra Foods. While we have insurance policies that we believe cover the full amount of this judgment, we will further defend our actions and practices as this case continues.”
The three workers were removing equipment from the area when the silo exploded. One of the plaintiffs’ lawyers, Robert Clifford, said ConAgra officials were aware of the silo’s risky status. “Mr. Jentz and the workers on the scene were not properly instructed as to what was going on in the hot bin,” Clifford said in a statement. “Company officials knew the seriousness of what was happening and never conveyed that information to their workers or provided them with the proper precautions so that they would avoid injury. The jury’s verdict in compensatory and punitive damages speaks for itself.”
ConAgra hired West Side to clean out the silo after pelletized wheat middlings began decomposing and heating up inside the silo in March 2010. Lawyers argued that ConAgra should have made sure the middlings were removed, but instead delayed the process to try to get a better price.
Attorneys also said the company also refused to douse the smoldering wheat so as not to destroy it. As the middlings heated, up, they began smoking and melted rubber gaskets on the silo. |