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Delta, worker at fault in 2006 explosion PDF Print E-mail
Written by JASON SMITH   
Wednesday, 12 September 2012 13:07

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Michael Smith was washing his hands when he heard someone call his name. He had almost finished pumping the gasoline from the Delta Petroleum tanker truck he had parked at Frenchmans Cay on the morning of April 4, 2006, and he went to shut off the engine. But it was too late.

The blast from the truck’s sudden explosion tossed him into the air. The resulting fireball from the ignition of hundreds of gallons of gasoline was so hot that it caused coconuts on nearby trees to explode.

Mr. Smith, a 17-year employee of Delta, spent a year in the hospital recovering from second-degree burns to his face and hands, a torn disc in his back, and other injuries. He filed suit against his employer on Feb. 7, 2008.

After a four-and-a-half-year legal battle, High Court Justice Rita Joseph-Olivetti ruled on Aug. 31 that Delta bore 60 percent of the responsibility for the accident because the truck was defective, while Mr. Smith was deemed 40 percent responsible because he violated the company’s safety policy.

As such, Delta was ordered to pay Mr. Smith 60 percent of the $95,850 that the claim sought in damages as well as pain and suffering.

He will also receive $7,297 for his future medical costs, plus an amount of interest and compensation for the loss of future earning that still has to be determined, according to the judgment.

The judge also ordered that $11.301.94 in salary that Mr. Smith received from Delta while receiving his full social security benefit should be deducted from the total award. Delta is also to receive interest on that amount.

See the Sept. 13, 2012 edition for full coverage.

Last Updated on Thursday, 13 September 2012 09:00
 

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