Man Nearly Loses Leg to Explosives in Strip Mine: Successful Appeal to PA Superior Court Results in Higher Set

An explosives company was performing blasting operations as a subcontractor in a strip mine behind the client’s residence. A blast produced flyrock, a piece of which struck the client. As a result, the client’s lower left leg was severed and only remained attached by a few tissues. The client was life flighted and diagnosed with a Grade III-B open tibia fracture. A grade III is the highest category of injury to bone and B is the highest category of contamination to the skin, muscle and tissue. Emergency surgery was performed in an attempt to salvage the severed limb and a titanium rod was inserted to internally stabilize the fractures. Additional hardware inserted in the leg included a large plate and several screws. Bone was missing over several inches of the leg, as was the skin, muscle and other tissues. Tissue, muscle, veins, and arteries were harvested from the upper back and shoulder area and sewn in by microsurgery. The client had a total of four surgical procedures performed. The leg was ultimately salvaged.

The blasting company and coal mining company denied liability. The client retained the services of Rosen Louik & Perry, Pennsylvania Worker’s Compensation lawyers. After a ten-day trial, a jury returned a verdict of $350,000.00. We believed that one of the jurors was biased because of a long-standing relationship with an owner of one of the Defendant companies but the trial judge refused to remove the juror. An appeal to the Superior Court of Pennsylvania was pursued. The Superior Court agreed with our position and ordered a new trial. After this appellate court victory, the case settled for $1,500,000.00.

Were you or a loved-one injured in a similar industrial accident and are currently seeking Worker’s Compensation? This is a specialty of our firm and we pride ourselves on compassionately handling and researching your personal injury. Request a free consultation right now to review your claim. Contact us to evaluate your PA Worker’s Comp claim.