Trial Magazine
Verdicts & Settlements: Workplace Safety
Failure to Identify Presence of Toxic Fumes
July 2018Frank Rosebur, 37, and Dean Stone, 29, were hourly laborers for Agridyne LLC, a company that produces and sells agricultural products for livestock. One day, Rosebur entered a rail car to clean up residue from leftover food products. Shortly after entering, he collapsed from the fumes inside the car. Stone jumped in to help Rosebur but collapsed after he was unable to climb out. The two men later died of closed-space asphyxia and hydrogen sulfide intoxication.
Rosebur is survived by his partner and their three minor children. Stone is survived by his wife and two minor children.
The estates of both men sued Agridyne, alleging it failed to test the rail car for toxic gases and implement safety precautions required for a safe work environment, such as the use of gas masks or a gas meter to identify the presence of toxic fumes.
The Occupational Safety and Health Administration reportedly cited Agridyne for safety violations and fined the company nearly $200,000.
The parties settled for $6 million divided evenly between the plaintiffs.
Citation: Stone v. Agridyne, LLC, No. 15 L 98 (Ill. Cir. Ct. Tazewell Cnty. Jan. 5, 2018).
Plaintiff counsel: AAJ member Matthew D. Ports, Chicago.
