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Castay v. Adm Growmark River Systems3/14/2001
AMENDED AND, AS AMENDED, AFFIRMED
On June 3, 1993, Robert Castay was injured while working at the ADM Growmark (ADM) facility in St. Charles Parish. Castay was employed as a welder with Quality Fab and Mechanical Co. (Quality Fab), who contracted with ADM, owner of two grain dryers, to demolish the dryers. Bruce Bourgeois, the president of Quality Fab, realized that he did not have the expertise to handle such a large demolition job , so he subcontracted the work to Superior Scrap. The owner of Superior Scrap, Barry Grundmann, assembled a work crew of four men, including Castay and defendant, Kelly Teel, of Kelly Welding Service, for the purpose of demolishing the dryers. They began the demolition job on June 1, 1993. Castay's duty was to block off the connections between the dryers and the elevator during the preparation stage of work and to remain at the worksite during the remainder of the demolition to act as a liaison between the Superior Scrap crew and ADM. The remainder of the crew shoveled the grain out of the bottom of the dryer and used a water hose to wash the grain out of the dryer from the bottom of the dryer. The Superior Scrap crew then began demolishing the dryers using cutting torches. On June 3, the crew had completed removing the bottom portions of the dryers and began removing the tops. It was on this day that Castay's accident occurred.
Castay was positioned at the top of the north dryer to perform the job of disconnecting the silo from the dryer unit. Bourgeois, plaintiff's employer, arrived at the ADM facility to view another job that Quality Fab was performing for ADM. However, when Bourgeois observed the difficulty the crane operator had in lifting the dryer, he ordered that he terminate the task. Bourgeois then proceeded to the top of the dryer to join Castay. Meanwhile, another member of the crew, Ernest Smith, used a cutting torch in the south dryer.
Suddenly, the dryer that the men were standing on exploded and fire engulfed them. Castay leapt from the north dryer to the south dryer, over an 80-foot void and fell into a ladder. Despite his injuries, Castay managed to move himself to the basket of the crane, and after approximately 45 minutes, the men were evacuated. He was taken to St. Charles Parish Hospital and admitted to the Intensive Care Unit. He remained hospitalized for ten days with severe burns and a low back injury.
Plaintiff filed suit against ADM, Kelly Teel, Superior Scrap, and its insurer, Essex Insurance. Castay settled with Kelly Teel and ADM prior to trial. Plaintiff's claims against Superior Scrap, Essex, and Quality Fab, Castay's employer, proceeded to a jury trial. The jury found Superior Scrap and its insurer, Essex, liable for plaintiff's injuries and apportioned fault as follows:
ADM Growmark/ADNAC 55 percent
Quality Fab 25 percent
Superior Scrap Metals, Inc. 20 percent
Kelly Teel 0 percent
Robert Castay 0 percent
The jury then awarded the following damages:
Robert Castay (general damages) $750,000.00
Past Lost Wages $137,138.00
Future Lost Wages $183,334.00
Past Medical Expenses $41,210.00
Future Medical Expenses $84,000.00
Debra Castay (loss of consortium) $250,000.00
TOTAL $1,445,682.00
The plaintiff filed a motion for new trial, for re-argument only, to reallot the employer's percentage of fault to the other defendants found liable. The defendants filed a motion for judgment notwithstanding the verdict, or in the alternative, a motion for new trial on both liability and damages. The trial judge granted the
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