The widow of a man killed in an explosion at the TXI facility in Midlothian, Texas, was awarded $18.9 million by a Dallas jury last week, ending the month-long trial. The jury deliberated for nearly two days before returning the verdict against Dallas-based TXI.

Gordon Rutherford, 34, of Waxahachie, Texas, was killed in January 2003 while employed by Circle 4M Welding, a TXI contractor. According to the lawsuit filed by Rutherford's wife, TXI directed Gordon and a crew of three other welders to work in a location near an environmental scrubber that contained “extremely hazardous and flammable materials.” During the course of the work, 5.5 tons of combustible plastics caught on fire and engulfed Rutherford. Following the explosion, a construction crane malfunctioned and left him suspended 90 feet above the ground, unable to reach safety.

The suit claimed that TXI acted with negligence and recklessness in failing to warn Rutherford and the other welders of the danger in working in that area. The other workers sustained burn injuries of varying severity and one was hospitalized.

During the trial, Mrs. Rutherford's attorneys alleged that TXI knew about the combustible nature of the plastic in the scrubber due to a previous incident 18 months earlier when the plastic overheated and melted. A representative of the plastic manufacturer testified that he has previously recommended that TXI replace the plastic in the scrubber with stainless steel. However, he said that given the additional costs involved TXI rejected his recommendation. In addition, attorneys pointed to the fact that plant safety managers were inexperienced in the safety issues involving large industrial plants, having never held a job in safety prior to being hired by TXI.