ConAgra grain bin explosion victims speak out on $180 million verdict
</element><element id="paragraph-1" type="body"><![CDATA[Two of the workers at the ConAgra grain bin who were severely injured in the 2010 explosion in Chester spoke to the press Monday (June 4, 2012) morning at Clifford Law Offices along with their lawyers. Robert Clifford who led the trial team, led the press conference.
John W. Jentz and Robert Schmidt expressed their gratitude to the jury that sat through a month-long trial that ended Friday.
"Thank you for coming today. It has been a long two years waiting for our day in court, but it finally came friday. I am so grateful to my attorneys, Bob Clifford, Kevin Durkin and Colin Dunn of Clifford Law Offices and Brad Badgley of Belleville, Illinois, for their hard work and their belief in doing the right thing. The right thing was to uncover the facts and make sure that a message was sent to ConAgra about the wrongs of ConAgra. The jury heard all of the evidence and believed me and that what ConAgra did was so wrong that they should be punished," Jentz stated at the press conference Monday morning. "I look back at what my life was and can't believe that I am now facing years and years of a totally different life than what I had envisioned. What happened to me should not have happened to anyone. It can't ever happen to anyone ever again. No amount of money will take away the pain that I suffered and will continue to suffer. Mo amount of money will take away the stares of people that I will have to endure for the rest of my life. Con-Agra should have taken care of those of us who were doing nothing more than trying to clean their grain bins. We deserved better care. Instead, I got a life of unending pain and disfigurement. At least my belief in the jury system remains strong. My belief in when you explain the facts to 10 people, they will hear both sides and decide what is right. Although it took two years to prepare the case and a month of testimony, it took the jury 10 hours to figure out how wrong ConAgra really was, and I thank them," Jentz added.
Following a one-month trial in federal court in St. Louis before Judge Michael J. Reagan, the jury returned a verdict in 10 hours on behalf of Jentz, 38, of St. Peter, Minnesota, and Schmidt, 35, of Hutchinson, Minnesota. The two men were among those working in the ConAgra grain facility in Chester, Illinois, on April 27, 2010, when it exploded in flames, burning Jentz on 70-75 percent of his body. He was airlifted by helicopter from the scene and spent months recuperating in the hospital.
After the deliberation the jury returned a verdict of $41.5 million in compensatory damages and $34.3 million in punitive damages for John W. Jentz. The jury also returned a verdict of $2.9 million in compensatory damages and $33.3 million in punitive damages for Robert Schmidt.
"I would also like to thank you for coming this morning. Words can't express my appreciation for my attorneys, Bob Clifford, Kevin Durkin, Colin Dunn and Brian Badgley. I was fully confident that our trial team would work their hardest to see that justice was done for all of us who were on that grain bin that day. Like John Jentz, I also feel great confidence in the civil justice system and the power of the jury to speak for all of us," Schmidt stated.
Robert A. Clifford, Kevin P. Durkin and Colin H. Dunn, partners at Clifford Law Offices, led the trial team that obtained the record $112 million verdict Friday (June 1, 2012) on behalf of two men . Also part of the trial team was Brad L. Badgley of Belleville, Illinois.
Attorneys for the severely injured man contended that the grain bin had not been properly cleaned in nearly 20 years and that despite an unusual odor, smoke and unusually high temperatures in the bin, they did not take proper precautions for the workers.
"Mr. Jentz and the workers on the scene were not properly instructed as to what was going on in the hot bin," Clifford said following the verdict. "Company officials knew the seriousness of what was happening and never conveyed that information to their workers or provide them with the proper precautions so that they would avoid injury. The jury's verdict in compensatory and punitive damages speaks for itself."
The jury found Jentz one percent at fault and Schmidt was determined not to be at fault in the tragedy. Jentz was awarded $1 million in additional punitive damages by the defendant Westside Salvage, Inc.
A third man was injured in the incident, Justin Becker, who was represented by other counsel. He received one-third of the $100,000,000 in punitive damages that the jury awarded to be divided equally between the three men.
The concrete grain bin that exploded while the three workers were taking out equipment was used to store wheat middling pellets, feed for livestock, which is part of the process of making flour from wheat. ConAgra's headquarters are located in Omaha, Nebraska.