$7.25 Million Settlement in Product Liability Case

A couple from Sterling, Illinois has accepted $7.25 million in settlement of their product liability case against a Texas chemical company.

35 year-old Timothy Gould suffered third-degree burns over 90 percent of his body when a 55-gallon drum which had previously contained Satin Cement Seal manufactured by defendant, NCH Corporation, exploded as Gould approached it with an acetylene torch. Gould had emptied the barrel three days before and believed it to be dry. The barrel displayed a warning stating that it contained flammable liquid but it did not contain any warning regarding the explosion potential when an apparently empty barrel contained trace amounts of residue. NCH Corporation claimed its warnings were appropriate and that Tim Gould’s own negligence was the cause of the explosion.

Gould was hospitalized for eight months at Loyola University Medical Center and underwent seventeen skin grafting procedures. His recovery has been nothing short of miraculous according to Dr. Richard Gamelli, his attending surgeon at Loyola.

The Gould family is represented by partners David R. Barry, Jr. and Robert J. Bingle of Corboy & Demetrio. NCH Corporation was represented by Jeffrey Singer and Nicholas Caputo of Segal McCambridge Singer & Mahoney. Wahl Clipper Corporation, which was sued for contribution by NCH Corporation and contributed $250,000 to the settlement, was  represented by Kathryn James of Judge, James and Kujawa.

“I think everyone involved in this case recognized this was a tragic circumstance. The settlement gives the Goulds security for future medical needs and reflects how much they have suffered as a result of this accident,” said their attorney, David R. Barry, Jr. “They deserve a life of quality and dignity going forward.”