Robert Kelly successfully defended Siemens Industry Inc. in the Eastern District of Louisiana, receiving a unanimous defense verdict in a wrongful death, product liability case arising out of a ladle eruption at an ArcelorMittal steel mill in LaPlace, Louisiana. The jury awarded Plaintiff $2.6MM, but allocated 100% liability to non-parties: ArcelorMittal LaPlace, LLC, ArcelorMittal USA and Bayou Steel Corporation. Plaintiff was the widow of an employee who sustained 3rd and 4th degree burns over 99% of his body when a ladle erupted 5 tons of molten steel. Plaintiff argued that the ladle transfer car and argon stir station designed by Siemens’ predecessor were defective and unreasonably dangerous. Siemens argued successfully that the accident was caused by ArcelorMittal’s lax safety procedures, and that the equipment at issue was not defective.
The case was captioned Roxanne Moyer, Individually and on behalf of her Decedent husband Samuel N. Moyer v. Siemens VAI Services and Signal Metal Industries, Inc., case number 11-3185.
Siemens Industry Inc.’s lead trial counsel was Robert J. Kelly of Littleton Joyce Ughetta Park & Kelly LLP. Siemens Industry Inc. was also represented by Nelson “Chip” Wagar of Chopin Wagar Richard & Kutcher, LLP and Siemens in-house attorney Skip Lockard.