Electrician severely burned in flash at switchboard – $4,750,000 Settlement

The plaintiff was an electrician working on the installation of electrical switching equipment as part of the construction of the Middle River Regional Jail in Augusta County. The plaintiff inadvertently triggered an electric arc flash which ignited his clothes in January 2005. The plaintiff suffered severe burns to his upper body.

The defendant had performed an analysis of the electrical protection devices installed in the system and recommended the appropriate settings for those devices. The defendant also undertook to run testing on the protective devices to make sure they were properly set.

Greg Booth, the plaintiff’s expert, testified that the protective device should have been set to provide maximum protection to people such as the plaintiff who would be working on the equipment If properly set, he testified, the arc flash would have lasted only 0.1 second and the plaintiff would have received at most mild second-degree burns.

The court bifurcated the trial. The liability portion lasted most of three days. The jury deliberated approximately 40 minutes before finding for the plaintiff on liability and rejecting the affirmative defenses of contributory negligence and assumption of the risk. On the morning of the fourth day, defense counsel approached plaintiff’s counsel with the suggestion that the parties discuss settlement. It took about an hour of negotiation to reach the final settlement figure. (See news story in the July 28 issue.)

[08-T-120]

Type of Action: Personal injury
Injuries Alleged: Second- and third-degree burns over 50 percent of the plaintiff’s body, primarily the upper torso and arms
Name of Case: Larry Shifflett v. Electric Power Systems International Inc. et al.
Court: U.S. District Court, Western District Virginia, Harrisonburg Division
Case No.: Civil Action No. 5:06CV00127
Verdict Date: June 26, 2008
Tried Before: Jury
Name of Judge: Glen E. Conrad
Verdict/Settlement: Settlement
Amount: $4,750,000
Special Damages: Approximately $690,500 in medicals and $165,000 in lost wages
Insurer: Hartford
Plaintiff’s Attorneys: L. B. Chandler Jr., Steven P. Hammond and Thomas H. Oxenham, Charlottesville