JACKSON — Two brothers injured in a deadly explosion at an International Paper Co. mill have agreed to settle their federal lawsuit.
David and Darren Clark of Mooresville, N.C., agreed to the settlement in a joint motion filed Jan. 27 with International Paper. Terms of the deal were not disclosed.
The Clark brothers were injured when a 12-story recovery boiler blew up as workers tried to restart it after annual maintenance at the Redwood plant near Vicksburg May 3, 2008. One man was killed and nearly two dozen others were hurt.
The boiler didn’t have adequate steam, according to the Occupational Safety and Health Administration (OSHA). OSHA fined International Paper $77,000 for two alleged violations.
The Clark brothers, both in their late 20s, said they were burned on their faces and hands, suffered some hearing loss and were diagnosed with post-traumatic stress disorder, among other things.
They sued in U.S. District Court in Mississippi Jan. 26, 2009. The lawsuit claimed International Paper recklessly ignited the boiler when it was filled with combustible gas.
In separate filings Wednesday, each brother said “his claim against International Paper is doubtful, disputed and can not be readily collected, and that the proposed compromise settlement would be in his best interest.”
The agreement would also release their former employer, Cumming, Ga.-based RMR Mechanical Inc., and its insurer, Zurich American Insurance Co., from liability under the Mississippi workers’ compensation laws. Zurich American is a subsidiary of Swiss insurance giant Zurich Financial Services.
BEFORE YOU GO…
… we’d like to ask for your support. More people are reading the Mississippi Business Journal than ever before, but advertising revenues for all conventional media are falling fast. Unlike many, we do not use a pay wall, because we want to continue providing Mississippi’s most comprehensive business news each and every day. But that takes time, money and hard work. We do it because it is important to us … and equally important to you, if you value the flow of trustworthy news and information which have always kept America strong and free for more than 200 years.
If those who read our content will help fund it, we can continue to bring you the very best in news and information. Please consider joining us as a valued member, or if you prefer, make a one-time contribution.Click for more info