Date: 12-20-2008

Case Style: Anthony Arciniega, et au. v. Minteq International

Case Number:

Judge: John R. Pera

Court: Superior Court, Lake County, Indiana

Plaintiff's Attorney: Ken Allen, Kenneth J. Allen & Associates, Valparaiso, Indiana

Defendant's Attorney: Lawrence Hansen and Linda Jelks of Indianapolis and Mark Penney, John Patten and Richard Shoemaker of Chicago.

Description: An Indiana jury has awarded a $48 Million verdict to an injured steelworker and his wife, rejecting lawyers' attempts to blame the worker for his own injuries. The jury found Minteq International, Inc. negligent for overspraying its refractory onto a stationary ladder in a Burns Harbor steel mill. Anthony Arciniega, 42, was rendered paraplegic on November 20, 2004, when the refractory suddenly broke loose from the ladder, causing him to lose his grip and fall 17 feet. The jury also decided that Mr. Arciniega was zero percent at fault for the accident. The verdict is believed to be a record for a paraplegia injury in Indiana and one of the ten largest personal injury jury verdicts in the United States this year, according to Kenneth J. Allen, who represented the Arciniega family. Kenneth J. Allen & Associates is an injury law firm in Indiana and Illinois.

The award was announced late Thursday following a ten-day trial before Superior Court Chief Judge John R. Pera in Crown Point, Indiana. “In addition to blaming the injured worker, Minteq’s lawyers tried to lay blame on other contractors in the steel mill and on International Steel Group. The jury flatly rejected both claims,” Mr. Allen said. While 50% fault was allocated to Arciniega’s employer, “100% of the verdict is attributable to Minteq since it never properly identified the employer as a non-party under Indiana law,” according to Allen.

Mr. Arciniega faces millions in future medical expense and nursing care as well as constant nerve pain, according to trial testimony of his doctors. Despite the injury, however, Mr. Arciniega returned to work at the steel mill in a wheelchair within six months. “I had to support my family,” Mr. Arciniega explained during questioning by the attorneys. “Part of my responsibility as a husband and father is to provide for my family.” His wife, Sarah began working at a nursing home to make up for the family’s lost income, in addition to serving as Mr. Arciniega’s nurse and taking care of the couple’s three children. “We are very grateful the jury realized what we’ve been through and thankful to our attorneys for their hard work,” Sarah said after the verdict. “While this verdict will make our lives easier, every day remains a struggle for us.”

Outcome: Plaintiffs' verdict for $48 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: