Seriously burned worker collects nothing from civil lawsuit

RICHMOND, Ind. — A Richmond man seriously injured during a 2011 work accident will receive nothing from a civil lawsuit filed two years later.

Judge David Kolger ordered a summary judgment in favor of Miller Transporters, Inc., the final defendant remaining in the lawsuit filed by Zachary M. Hale, who was injured working for truck washing company Levi Holdings, Inc. After depositions were conducted out of state, Hale's lawyers admitted in a court filing that Miller Transporters had no liability. Miller Transporters and Levi Holdings are both located at 1655 Rich Road; however, the trucking company is clearly differentiated from the truck washing business, the filing said.

Kolger, who was appointed a special judge in the Superior Court II case, previously had issued summary judgments in favor of Erie Insurance Exchange, VanVleet Insurance Agency, Amerisafe Inc. and Amerisafe Risk Services Inc. He also had dismissed claims against Teamsters Brotherhood No. 135 and United Brotherhood of Teamsters.

Hale was 21 on June 7, 2011, when he fell through two unguarded openings into a tank of caustic soda heated to 200 degrees. The soda is used to clean tanker trucks.

The soda burned Hale over more than 60 percent of his body before a supervisor pulled him from the tank.

An Indiana Department of Labor investigation found Levi Holdings violated two federal guidelines:

• While a floor hole cover was not in place, the floor hole was not constantly attended by someone or protected by a removable standard railing;
• The employer did not provide information to the employees on operations in their work area where hazardous chemicals were present.

Levi Holdings was originally fined $10,000, but the fine was lowered to $3,250 after the company installed a railing system and an iron-frame grate to protect the solution tank's opening, revised its new employee safety training checklist and provided refresher training for tank cleaners.

According to the lawsuit filed during June 2013, "Zachary Hale's burns have been excruciatingly painful and disabling and scarring. He has undergone painful medical care and therapy, lost all income and work, incurred medical expenses, been deprived of the ordinary activities of his life, suffered anguish and emotional trauma, and had his earning capacity permanently damaged or lost, all of which will continue in whole or in part throughout his life."

The lawsuit basically contended that the defendants should have identified and corrected the unsafe working conditions through safety surveys that should have been performed or because they had seen the work location.

I-70 accident lawsuit settled

A State Farm Mutual Automobile Insurance lawsuit filed against driver Harvinder Singh Bhagtana of Fresno, Calif., and Ekam Transport Inc. of Ceres, Calif., because of an accident that killed a 22-year-old woman during May 2016 on Interstate 70 has been dismissed. A stipulation of dismissal filed by the sides said the case was settled and costs paid.

Bhagtana was driving a 2015 Volvo for Ekam Transport eastbound on May 22, 2016, when he approached congested traffic caused by construction, according to the Indiana State Police investigation. Bhagtana's truck struck the blue 2016 Acura MDX driven by Nicholas Berry of Naperville, Ill., sending it into the median.

Bhagtana's truck then struck the stopped 2009 Audi driven by Margaret Ryan of Boston, killing Ryan, according to ISP. 

State Farm provided coverage for Berry's Acura and paid $16,903.13. The lawsuit requested a judgment for that amount plus interest and costs, claiming Bhagtana's carelessness and negligence resulted in his truck striking Berry's vehicle.