My client delivered home heating oil for a local oil company. The tanker he drove was used to hold and deliver both gasoline and home heating oil. While the home heating oil is relatively stable and non-combustible, the gasoline is highly volatile. Unless gasoline vapors are fully flushed out of the system, they can ignite even if the truck is carrying the home heating oil. Whenever fuel is delivered from a truck used to haul gasoline, even if the gasoline has been emptied, the truck must be grounded to prevent static electrical sparks. The company to which the client was delivering the home heating oil, used a receptacle that lacked proper grounding attachments, and adequate warnings, as required by law. When the client began to deliver the heating oil, a static electric spark, possibly from keys hanging from his uniform, ignited gasoline vapors that had been left in his truck. The resulting flash of superheated gasoline vapors, left my client with raised keloid scars throughout his upper body. The case had to be tried against the company using the illegal fuel receptacle, as any claim against the employer was covered by workers compensation. Our experts included a retired president of a fuel oil delivery company, and a former Fire Commissioner for the City of Boston.
Awarded: $390,000 Recovered, Including Release of Workers' Compensation Lien
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.