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CHICAGO - A Cook County jury awarded a Local 134 electrician over $3.7 million after he suffered severe injuries in a flash fire while working at a Chicago gas station.
On July 26, 2019, a 55-year-old journeyman electrician and a colleague were troubleshooting a malfunctioning gas pump valve at a Circle K gas station on East 95th Street. While working in a 5-foot-deep fuel pit, the electrician used a battery-operated reciprocating saw to remove a rusted plug nut. Sparks from the saw ignited gas vapors, causing a flash fire that inflicted 2nd and 3rd degree burns on his arms and wrists, contractures in his hands, and a torn rotator cuff.
The electrician was treated at the University of Chicago Hospital burn unit, undergoing several debridement and skin grafting procedures. After weeks of hospitalization and subsequent physical therapy, he was able to return to full-duty work as a union electrician without permanent restrictions.
The lawsuit filed by GWC Injury Lawyers LLC against RDK Ventures, LLC, a joint venture between Shell and Circle K, argued that the company violated OSHA regulations by failing to identify and label the pit as a confined space and not ensuring the contractor used proper procedures and tools.
The defense contended that the electrician was solely responsible for the fire due to his decision to use a spark-generating tool in a fuel pit. However, the electrician’s counsel argued that OSHA mandates a safety plan before commencing work in confined spaces, which the defendant had neglected to implement.
After six days of evidence, the jury deliberated for about four hours before returning the verdict in favor of the electrician in the amount of $6,729,225, which was reduced to $3,701,074 after finding the electrician 45% at fault for the occurrence.