Plaintiff burned by highly corrosive substance

$1.8M verdict returned against Detroit Edison

Scaffold carpenter Lindsay McLean sustained second-degree burns and exacerbation of pre-existing knee injury — rendering him completely disabled from his chosen line of work — when a valve at defendant Detroit Edison’s power plant was inadvertently opened, allowing the release of highly corrosive sodium hydroxide. McLean argued that Detroit Edison was negligent in failing to ensure that the valve was plugged or to utilize a different type of valve that would have prevented inadvertent release of the corrosive substance. Meanwhile, Detroit Edison asserted that McLean should have seen the valve and recognized the danger.

At the close of trial, a jury awarded McLean all of his requested economic damages through the age of 60. Accordingly, McLean’s lawyer, Detroit-based Jovan Dragovic, suggested the jury was persuaded the Detroit Edison’s negligence caused McLean to be disabled from his work as a scaffold carpenter despite the undisputed presence of pre-existent osteoarthritis in his right knee.

The testimony of McLean’s medical treaters was crucial to establish this aspect of the claim, Dragovic said. McLean had a well-documented psychiatric injury component (post-traumatic stress disorder); therefore, Dragovic said, the testimony of his psychiatric expert, particularly relative to that of Detroit Edison’s expert, was instrumental in validating this aspect of the claim.

Type of action: Negligence

Type of injuries: Knee injury requiring replacement; psychiatric injuries; chemical burns

Name of case: McLean, et al. v. Detroit Edison Co.

Court/Case no./Date: Wayne County Circuit Court; 05-524071-NO; May 25, 2007

Tried before: Jury

Name of judge: William J. Giovan

Demand: $1,345,000

Highest offer: $500,000

Verdict amount: $1,830,586 less 30 percent comparative fault for a net verdict of $1,165,142; $200,000 in case evaluation sanctions

Allocation of fault: 30 percent to the plaintiff; 70 percent to the defendant

Most helpful experts: Dr. William Cardasis, Ann Arbor; Robert McAuliffe CPA, Ann Arbor; Dr. Michael Baghdoian, Southgate; Dr. Robert Ike, Ann Arbor; Guy Hostettler, Southfield

Attorney for plaintiff: David M. Ottenwess, Jovan Dragovic and Samuel Meklir

Attorney for defendant: Withheld

Key to winning: Thorough investigation, credible witnesses, and a credible plaintiff

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