No Liability Established in Chemical Explosion

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Employer was granted summary judgment because decedent's estate could not successfully bring a claim for intentional tort following a chemical explosion where there was no evidence that employer received safety citations prior to the explosion.

Plaintiff decedent's estate appealed the order of the Superior Court in the judicial district of Danbury (Connecticut), which granted defendant employer summary judgment on plaintiff's claim for compensatory and punitive damages for injuries sustained by plaintiff's decedent in a chemical explosion allegedly caused by defendant.

Plaintiff decedent's estate brought an action against defendant employer for damages suffered following a chemical explosion allegedly caused by defendant's failure to comply with the applicable safety regulations. The lower court granted summary judgment for defendant and held that an employer has immunity from an intentional tort suit under Conn. Gen. Stat. § 31-284. The court affirmed the lower court's decision and refused to extend the exception to § 31-284 to include injuries to employees resulting from "intentional," "willful" or "reckless" violations by an employer of safety standards established pursuant to federal and state laws. The court determined that the legislature did not intend to have the exception extended and thus declined to do so. The court found that the remedy under § 31-284 was only applicable to employees who were injured as a result of an employer's failure to take appropriate corrective measures after it had received a citation under a state or federal law.

The court affirmed the lower court's grant of summary judgment to defendant employer on claim by plaintiff decedent's estate for damages. The court held that plaintiff's claims resulting from a work injury were barred by the applicable statute and did not give rise to a private right of action.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Mingachos v. CBS, Inc., 196 Conn. 91; 1985 Conn. LEXIS 747 (Conn. April 30, 1985)