Jacqueline Smith and Martin Smith v. Accurate Industries, Inc. and Southlake Nautilus Health & Racquetball Club, Inc.

On November 20, 1995, Smith was a member of the Southlake Nautilus health club and was there as a business invitee. After her work-out, Smith went to the women’s locker room and sat in the whirlpool for a while. As she was exiting the whirlpool, a steam generator, which was part of the steam room system, unexpectedly went into a “blow down” mode and discharged hot steam through a copper pipe lying on top of the whirlpool room floor near a floor drain. The pipe was exposed with a swivel connection. As the hot steam was discharged through the pipe, the pipe swiveled up from a horizontal to a vertical position and sprayed hot steam over Smith’s body. As a result, Smith suffered second degree burns to her right arm and first or superficial second degree burns to her back and right breast.

Accurate Industries was hired by Southlake Nautilus to install a steam generation system for Southlake’s newly constructed women’s steam room. The closest drain to the steam generator was within two feet of the whirlpool. Rather than cutting the concrete floor in the whirlpool area, installing the pipe beneath the floor and connecting it to the floor drain piping underneath the floor, Accurate and Southlake decided to lay the pipe across the top of the floor, with a swivel connection, and with no rigid connection between the pipe and the floor drain. Plaintiffs claimed that both Accurate Industries and Southlake Naulilis knew, or in the exercise of reasonable care should have known, that this installation was dangerous and could cause members in the whirlpool area to suffer injuries, including burn injuries of the type suffered by Smith.

Plaintiffs claimed, based on the testimony of the Accurate Industries’ worker who installed the system, that this type of installation was a joint decision. However, each of the Defendants blamed the other. Accurate Industries claimed that it did the installation in the manner directed by Southlake Nautilus. However, Southlake Nautilus claimed that it hired Accurate Industries and relied on its expertise. Representatives of each Defendant admitted believing that the installation was dangerous and that someone could get injured, however, each disclaimed responsibility for the manner of the installation.

Plaintiff, Jacqueline Smith incurred only $2,500 in medical bills consisting primarily of consultation with a plastic surgeon and burn whirlpool therapy. She was discharged from therapy 25 days after the accident and from her plastic surgeon’s care 5 months after the accident. The plastic surgeon testified that the therapy would help the burn sites remain clean but that the healing could only be done by mother nature. Smith made a good recovery. All of the burns healed except for a small area on her forearm which is scarred. She testified that this area still has sensitivity to sunlight, extreme heat and extreme cold. Plaintiff’s primary damages consisted of her and her doctor’s testimony regarding extreme pain for the first 25 days.

The jury found each Defendant 50% at fault and returned a verdict for Jacqueline Smith in the amount of $300,000 and for her husband on his consortium claim in the amount of $100,000.

Plaintiff's verdict for $400,000

None

None

Reported by Nick Katich, Lucas, Holcomb & Medrea, 300 East 90th Drive,
Merrillville, Indiana