A "4 in 1" lug wrench purchased from a local retailer broke while the plaintiff was changing a tire causing him to forcefully twist his left knee. The company that forged the components, the retailer, and the company that assembled and manufactured the components were named in the law suit. The suit alleged counts of negligent manufacture as well as breach of implied warranty of merchantability. The assembler/manufacturer was ultimately found liable after testimony from a metallurist expert. The expert found evidence of defective welding due to incomplete fusion in areas of welding and microscopic fractures.

Two separate contractors were hired to perform extensive replacements of worn out steam components at a power plant. At start up, three and one half pounds of welding and burning slag blew through all of the safety screens causing a turbine failure. The power plant's insurance company promptly paid up and promptly sued the two contractors to recuperate losses. One of the contractors was a large outfit with hundreds of employees. The other contractor was small with less than 40 employees. The large contractor was found liable in the suit. In an apparent effort to beat the demanding outage schedule, this company chose to ignore its own procedures. Speed instead of workmanship became their main priority. They did indeed finish their work faster than the smaller contractor. But at what cost? How would I know about this? I wrote procedures while I worked for the small company. We used the procedures and could prove it in court. The biggest isn't always the best.

In 1993, the City of Minneola, Fla., experienced an increased demand for water. Minneola officials therefore contracted with Miller Engineering and Sunshine Building and Development to design and build a booster station and to maintain an existing 3,500 gallon water tank. The project was completed and the system worked adequately for a while. On March 2, 1995, Michael Gilliam, who was employed by the City, was called upon to change a seal on the tank. The water was turned off for repairs. When the repairs were completed and the water turned back on, the tank exploded and catapulted approximately 40 feet into the air.

The back blast from the explosion killed Mr. Gilliam, who was standing nearby. After the tragedy, an investigation revealed that, in 1976, Meredith Corporation was hired to provide service on this same tank. A contractor was directed to sandblast and paint the tank. The contractor cut a hole in the tank, cleaned the interior, and then welded the hole closed with a single exterior weld. The standard procedure in ASME Section VIII welding of pressurized vessels calls for welding both the interior and exterior for complete penetration and inspection by a qualified testing lab.

On March 2, 1995, the weld gave way under pressure. Clearly, the negligent welding technique and the negligence of the design engineer and construction company who approved the use of this tank were factors leading to this tragedy. After the welding job was completed, Miller Engineering and Sunshine Building and Development were led to believe by a City water supervisor that this tank had been tested by a local inspection lab. However, it was discovered that the City had not performed this important test which would have disclosed the defective weld. In other words, a great portion of responsibility for this tragedy rested with the City due to false information given by the supervisor.

Under Florida law, an employee cannot make a claim against his/her employer, except for those benefits available under workers compensation. Clearly, the over whelming negligence of the City was the cause of Mr. Gilliam's death. Yet, under Florida law, the City could not be sued. In fact, during the process of litigation it was stated that the behavior of the City was tantamount to manslaughter. However, the City employees and the City itself could not be sued by the plaintiff's estate due to the immunity afforded under the Workers Compensation Act. That obviously left the contractors as the lawsuit target. Lawyers were ultimately able to make a recovery in the amount of $600,000 for Mr. Gilliam widow, Venieca, and her three minor children.

Scary Story #4 - Cease Work Order (Taken from a government site. This is also a public record!) This also shows how fast things can get ugly when your procedures are not in order.