Thursday, May 27, 1993
CONOCO HOPES TO OVERTURN AWARD HIGH COURT HEARS ARGUMENTS IN CASE OF WORKER BURNED IN PAOLA.
TOPEKA - An oil company asked the state Supreme Court on Wednesday to overturn the largest damage award ever granted by the Kansas judicial system in a lawsuit over an allegedly defective product.
Conoco Inc. does not want to pay $12.5 million to David Hurlbut, who was disfigured when an asphalt vat exploded at the J and J Metal Products plant in Paola in January 1988.
The families of two other workers who died in the accident sued Conoco as well, but they settled out of court. Conoco was held liable because it manufactured oil used in parts that helped heat asphalt.
The justices could rule in the case as early as next month, and Conoco wants them to order a new trial. Hurlbut sat in the Supreme Court chamber and watched Wednesday's oral arguments.
Lynn Hursch, a Kansas City lawyer representing Conoco, argued that questions about the validity of expert testimony during the trial warranted a new trial. He also said Conoco learned of crucial evidence only days before the trial started and did not have time to prepare a defense.
"It was setting the stage for trial by ambush and surprise," Hursch said.
Lynn Johnson, an Overland Park lawyer representing Hurlbut, said Conoco wanted the Supreme Court to consider the evidence as if it were the Miami County jury.
The justices are supposed to determine whether Miami County District Judge Stephen Hill mishandled the
case, not whether the jury should have reached a different verdict based on the evidence.
"It's very clear that Conoco's position is untenable," Johnson said.
The explosion killed John Windisch and Charles Hoffman, and Hurlbut was severely burned over 18 percent of his body. The accident also scarred his face and cost him the use of his hands.
THE KANSAS CITY STAR
Section: JOHNSON COUNTY/METRO
Page: C5
By The Associated Press
All content © 1993 THE KANSAS CITY STAR and may not be republished without permission.
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