HSC Harsco Corporation

After Shoring Gave Way, More Than 11 Construction Workers Fell Six Stories into Tank Filled with Rebar, Metal and Wet Concrete, and Were Severely Injured Late yesterday afternoon, a Los Angeles Superior Court/Compton Division jury, after three days of deliberation, found Harsco Corporation (NYSE:HSC) seventy-five percent liable (75%) and DYK, Inc. fifteen percent (15%) liable for an October 4, 2001 construction accident which occurred at the Joint Water Pollution Control Plant/Tank No. 19 at 24102 South Figueroa in Carson, Calif. Plaintiffs Gonzalo Castillo and Ruben Gutierrez were among more than 11 people working on the roof form of Tank No. 19 being constructed for the Sanitation District of Los Angeles County when the roof collapsed. They plunged six stories into the bottom of Tank No. 19, which was filled with rebar, metal and wet concrete, and were severely injured. The damages portion of the case is set for Monday, September 12, 2005. Mssrs. Castillo and Gutierrez are represented by Geoffrey S. Wells with the Santa Monica, Calif., law firm of Greene Broillet & Wheeler, LLP. Gonzalo Castillo/Ruben Gutierrez vs. Quality Shoring and Scaffold, Inc., Case Nos. TC015917 and TC015918. The trial began June 20, 2005, and was heard before the Hon. Rose Hom, with the case going to the jury on August 12, 2005. The Plaintiffs filed suit on June 13, 2002, alleging negligence, strict products liability and products liability negligence, among other claims. They successfully argued that Harsco and DYK, Inc. failed in their duty of care and were negligent in the making, assembly, installation and maintenance of the falsework/shoring needed to erect the roof for Tank No. 19. Harsco provided the shoring material that was used on Tank No. 19. Cal-OSHA's accident investigation report revealed that many of the shoring components were damaged and defective, including defective and cracked welds on many of the shoring frames. The jury found that Harsco's supplying of damaged and inadequate material was clear proof of its liability. The jury also found that DYK, Inc. was liable because it erected the shoring and scaffolding for Tank No. 19 in a negligent manner. DYK, Inc. had purchased co-defendant Quality Shoring and Scaffold, Inc. (QSS) on July 30, 2001, from its owner, Alvin "Mick" Ruis. Mr. Ruis was then hired by DYK, Inc. as a supervisor and was responsible for signing off on the final inspection of the shoring. "This was a horrific accident that has altered the lives of decent, hardworking men and their families forever," said Geoffrey S. Wells. "We appreciate the jury's finding that Harsco Corporation and DYK, Inc. were negligent and are being held responsible for the serious injuries that our clients sustained. This case should send a strong message to the shoring and scaffolding industry that worker safety comes first, and that it has a clear duty to inspect its inventory and repair any defective equipment before it is delivered and used on a job site." On the morning of October 4, 2001, Gonzalo Castillo and Ruben Gutierrez were employed as cement masons by Kiewit Pacific. They were among more than 30 people pouring concrete on the roof form of Tank No. 19, and were standing on the plywood falsework supported by shoring almost 60 feet above the floor of the tank. At approximately 8:30 AM, after about 60-70% of the roof had been poured, a hole started to open up and, in just a matter of moments, the roof collapsed. More than 11 of the men fell six stories to the bottom of the tank. Gonzalo Castillo, then age 47, was trapped up to his waist in concrete and knocked unconscious by a piece of falling rebar. He spent three days in the hospital, suffering a left shoulder fracture dislocation, a right ankle fracture and traumatic head injuries, and has since undergone multiple surgeries for his injuries. Mr. Castillo spent months in rehabilitation and is permanently injured. His wife, Martha Castillo, is a co-plaintiff in the case. The Castillos have four children and reside in La Puente, Calif. Ruben Gutierrez, then age 46, was flipped upside down and plunged head first to the bottom of the tank, where he hung upside down for nearly 1-1/2 hours until he was finally rescued. He was in such agony during that time that he begged to have his right leg cut off. Mr. Gutierrez sustained a broken right femur and tibia, a shattered right ankle, torn ligaments of the right knee and a severed nerve in his right shoulder, and was hospitalized for 25 days. He spent more than a year following the accident in a wheelchair and is permanently injured. His wife, Sara Gutierrez, is a co-plaintiff in the case. They have two children and reside in Culver City, Calif. Editor's Note #1 Plaintiffs are represented by Geoffrey S. Wells with the Santa Monica, Calif., law firm of Greene Broillet & Wheeler, LLP (www.greene-broillet.com); Telephone: 310-576-1200. Defendant Harsco Corporation is based in Camp Hill, Pa. (www.harsco.com); Telephone: 717-763-7064. Harsco is represented by Todd L. Peterson with the San Francisco, Calif., law firm of Dryden, Margoles, Schimaneck & Wertz; Telephone: 415-362-6715; and Dana Alden Fox with the Los Angeles office of Lynberg & Watkins; Telephone: 213-624-8700. Via merger, Harsco acquired defendants SGB Construction Services, Inc., SSGB, Inc., and Patent Construction Systems. Harsco was the provider of shoring material to the Carson construction site. Defendant DYK, Inc. is based in El Cajon, Calif., (www.dyk.com); Telephone: 619-440-8181. DYK, Inc. is represented by John V. Gaule with the Arcadia, Calif., law firm of Oddenino & Gaule; Telephone: 626-447-5454. Via a purchase on July 30, 2001, DYK, Inc. purchased defendant Quality Shoring and Scaffold, Inc. DYK, Inc. was charged with erecting shoring for digester tanks at the Carson construction site. Editor's Note #2 Dave Gowers Engineering, LLC was found three percent (3%) liable and Quality Shoring and Scaffold, Inc. was found seven percent (7%) liable.