$11,000,000 – Wrongful Death Suit

A settlement worth nearly $11 million was struck last week during the sixth day of trial in a wrongful death suit brought by the estate of a steelworker who died 13 days after falling into a vat of boiling water and molten metal allegedly because of a gap in a guardrail that had existed for more than a decade.

Robert J. Mongeluzzi

Attorneys Robert J. Mongeluzzi and Brian E. Fritz of Saltz Mongeluzzi Barrett & Bendesky filed the suit on behalf of Pamela Fuhr and the estate of Anthony Fuhr.

According to court papers, Anthony Fuhr, an employee of International Mill Service, was operating a "scarfing machine," a device that uses a massive torch to remove imperfections from large slabs of steel.

During the scarfing process, molten steel drops into a vat of water, creating a mix of molten metal and steaming water that fills the room with steam.

Mongeluzzi told the jury that Fuhr's job required him to walk away from the machine 50 times per day to ensure that the slab was properly loaded onto a railroad car before beginning the scarfing process on the next slab.

Each time, Mongeluzzi said, Fuhr had to walk past a gap in the guardrail. On Valentine's Day 2003, Mongeluzzi said, Fuhr fell into the vat and suffered burns over 97 percent of his body.

The burns were so extensive, Mongeluzzi said, that doctors were unable to administer intravenous pain medication.

Mongeluzzi told the jury that the accident could have been prevented if Envirosource Management Inc. had properly assessed the risk in the workplace and insisted that the guardrail be extended.

In the settlement, Envirosource's insurer agreed to pay $10 million and to waive a workers' compensation lien of $997,000, Mongeluzzi said.

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Robert J. Mongeluzzi

Office: 215-575-2989