Accidental Death at Work Leads to Multi-Million Dollar Product Liability and Wrongful Death Dispute

July 1, 2003

On May 2, 2001, Timothy Long, age 34, was operating a pedestal grinder at Lufkin Industries in Bakersfield, California, when the attached 12 inch grinding wheel "exploded". Although he was wearing the appropriate safety equipment, fragments of the wheel penetrated his skull and he suffered severe injuries that led to his death a few days later.

Timothy's surviving family members, his employer and the worker's compensation insurance carrier for Lufkin, filed a products liability claim against Independent Welding Distributors Cooperate/Weldmark (IWDC/Weldmark), represented by Guy R. Gruppie, Heather L. Mills and Karen Ahearn, and against several other parties. Plaintiffs alleged that IWDC/Weldmark designed and distributed a defective grinding wheel that burst unexpectedly during use by Timothy. They also contended that since the grinding wheel remnants, when re-assembled post-accident, clearly stated "Weldmark" on the label, defendant was liable as a manufacturer and/or distributor of the same, even though Lufkin, the employer had no records of any purchase of equipment from IWDC/Weldmark.

As a mere cooperative, rather than design/manufacturer or seller of equipment for the welding trade, IWDC/Weldmark denied any role in the design engineering, manufacture and/or distribution of the accident grinding wheel, denied ever manufacturing grinding wheels and denied ever permitting any person or entity to make/sell grinding wheels under the good use of its name.

The surviving family of the decedent included his wife, age 22, and three children, ranging from 14 to 3. Lufkin and Sentry sought recover of costs paid in the underlying worker's compensation case, believed to have been in excess of $400,000.

The court determined as a matter of law that IWDC/Weldmark was not involved in the design, manufacture or distribution of the grinding wheel in question and granted defendant's Motion for Summary Judgment.