Electricians injured in explosion: Safety code violations: Inaccessible electrical disconnect: Burns: Settlement: Verdict

Law Reporter, Aug 1999

Kolodziey v. Kmart Corp., Cal., Los Angeles County Super. Ct., No. GC012107, Dec. 12,1998.

Kolodziey, 41, an electrical contractor, and Luczak, 43, one of Kolodziey's electricians, were working at a structure leased by Kmart Corporation. The structure consisted of a main Kmart store and an attached Kmart grocery store. As a result of numerous previous remodelings, the switch to disconnect electrical power within the grocery store was actually next door in the main store. Unaware of this, Koldziey and Luczak turned off all the switches in the grocery store they believed would disconnect the power. When they unexpectedly found an unsafe repair in one of the grocery store's electrical panels-a jumper wire installed to replace a switch-they tried to fix it. An explosion occurred, creating a fireball that engulfed the men for three to four seconds and reached a temperature of approximately 5000 degrees Fahrenheit.

Kolodziey suffered second-and third-degree burns over 60 percent of his body and was hospitalized for six weeks, during which he underwent numerous surgeries and skin grafts. His medical expenses were $560,000. His lost earnings at the time of trial were $400,000; his future lost earnings are estimated at about $1.4 million. Kolodziey now works part time supervising electrical work.

Luczak suffered second-and third-degree burns to approximately 40 percent of his body and was hospitalized for four weeks. He underwent multiple surgeries and skin graft procedures. His medical expenses were $430,000. His lost earnings at the time of trial were $125,000; future losses were estimated at $275,000. Luczak underwent retraining as a computer technician but has been unable to find work.

The electricians and Luczak's wife filed suit against Kmart, alleging that previous renovations by defendant had resulted in several violations of the National Electrical Code. According to plaintiffs, these code violations-including failure to provide an accessible electrical disconnect in the grocery store-constituted negligence per se on defendant's part.

Plaintiffs also argued that defendant-which had been intimately involved with the design, construction, and subsequent renovations of the building-was a landlord. As landlord, defendant controlled the premises and should have labeled the electrical panels in the grocery store, plaintiffs charged. In addition, plaintiffs claimed, defendant had also negligently (1) allowed installation of the unsafe jumper wire and (2) failed to warn workers that the main disconnect switch was in the main store.

Defendant contended that the electricians had been told where the main switch was. Defendants argued that plaintiffs were also at fault for failing to (1) perform a site survey prior to starting their work, (2) have electrical plans for the original structure, (3) use proper tools and clothing, (4) read and understand the labeling on the electrical panels, and (5) use an electrical tester before trying to remove the jumper wire.

Before trial, plaintiffs settled with several other defendants. Each had had previous contact with the Kmart premises and allegedly should have placed an electrical disconnect switch inside the grocery store. The general contractor that had hired plaintiffs for the Kmart remodeling job paid $1 million, an electrical contractor that had worked on a previous remodeling of the grocery store paid $235,000, the owner of a liquor store that had once occupied the grocery store paid $300,000, the manufacturer of the grocery store's electrical panels paid $50,000, a general contractor for a previous remodeling of the grocery store paid $600,000, the electrical contractor involved with the original construction of the entire Kmart structure paid $750,000, and a previous occupant of the grocery store paid $700,000.

The jury awarded Kolodzicy about $13.9 million, finding him 5 percent at fault. Kmart was found be 95 percent at fault for the accident. Luczak was awarded about $ 12.4 million. His wife received $1 million for loss of consortium.

Plaintiffs' experts were Michael Brones, plastic and reconstructive surgery, Sherman Oaks, Cal.; Lloyd Brown, electrical engineering, St. Louis, Mo.; Richard Grossman, plastic and reconstructive surgery, Sherman Oaks, Cal.; Kenneth Laughery, human factors/warnings, Houston, Texas; Llorens Pembrook, internal medicine, Sherman Oaks, Cal.

Defendant's experts included Robert Armstrong, electrical engineering, Arcadia, Cal.; David Barker, economics, Los Angeles, Cal.; Thomas Black, human factors/warnings, San Diego, Cal.; Robert Hart, electrical contracting, Malibu, Cal.; and Edward Workman, economics, Los Angeles, Cal.

Plaintiffs Counsel:

*Steven V. Angarella,

*Patrick G. Vastano, and

*Robert A. Brenner, all of Los Angeles, Cal.