Clifford Law Offices Obtains $13.73 Million Settlement for Worker Burned in Plant Fire

Clifford Law Offices obtained a $13.73 million settlement that was approved today (Tuesday, Dec. 21) in bankruptcy court on behalf of a 29-year-old laborer who sustained burns of various degrees over 50 percent of his body when coal dust ignited while he was on the job.  The mediated settlement involved a number of companies.

Paul Danielson formerly of Hammond, Indiana, and now a resident of Posen, Illinois, was working on July 28, 1998, at the State Line Generating Station as part of a subcontracted cleaning crew that was hired to vacuum at the power plant.  Before the crew was retained, excessive amounts of coal dust were allowed to negligently accumulate in the vicinity of electrically powered conveyor belts.  The numerous defendants named in the lawsuit failed to take proper precautions for workers in the plant and failed to properly warn people on the premises of the dangers.

Robert A. Clifford, Kevin P. Durkin and Michael S. Krzak, partners at Clifford Law Offices, won numerous legal battles in a very complex case leading to the settlement.  The issue of venue and forum non conveniens went up on appeal and the courts upheld the case being heard in Illinois, setting an important precedent in this state.  Alderson v. Southern Company, et al., 321 Ill.App.3d 832 (1^st Dist.2001). 

“This case was one of the most complicated legal battles one could imagine in a personal injury matter.  Hurdles were put up at every turn to prevent Mr. Danielson from bringing his case in Illinois, his chosen forum.  Our hard work resulted in more definite guidance to plaintiffs throughout Illinois on the issue of in personam jurisdiction,” Durkin said after the settlement was approved. 

Danielson spent nearly four months in the hospital after he was airlifted from the plant to the University of Chicago for special care.  He underwent more than two dozen surgeries and debridements and suffers permanent scarring and sensitivity to temperature. 

“This tragedy was so avoidable had the power plant or other responsible parties provided safety measures that would have cared for its workers and those on the property,” Krzak said.  “Mr. Danielson is terribly scarred and will suffer for the rest of his life due to no fault of his own.”

The mediation took place before former Cook County Circuit Court Chief Judge Donald P. O’Connell.  The settlement was approved in U.S. Bankruptcy Court for the Northern District of Texas in Fort Worth.