GREELEY, Colo. – A Colorado jury has awarded $30 million to an oilfield worker who was severely injured when a fracking tank exploded in Weld County four years ago. However, due to state law limits, the worker will be unable to collect the full amount from the responsible company.
Last week’s verdict in federal court comes as a group called Coloradans for Accountability is organizing a ballot initiative to put before voters in November that would eliminate the cap on non-economic damages in personal injury and wrongful death lawsuits.
The oilfield worker, Steven Straughen, was severely injured in the 2019 blast while working as a well tester for a contractor. He suffered extensive injuries including a fractured pelvis, spine, ankle, and hip, as well as a mild traumatic brain injury. The explosion and the subsequent fall caused permanent mobility issues that have drastically changed his life, limiting his ability to participate in action sports and impacting his role in child care.
An investigation determined that the company responsible for delivering the fracking tanks placed faulty, damaged equipment at the Weld County site. As a result, Straughen filed a federal personal injury lawsuit against the company, BHS Inc., and the jury delivered a $30 million verdict in his favor and that of his wife.
Of the jury’s $30 million verdict, $10 million was awarded for economic damages and $5 million for physical impairment and disfigurement. However, the jury also awarded Straughen $15 million for pain and suffering, which is subject to the state law cap of $600,000. This means that a significant portion of the award will not be accessible to Straughen due to these limitations.
Efforts are being made to challenge the state law that imposes these caps on damages, with a proposed ballot question awaiting its first hearing to determine whether it will qualify for the ballot. It is an effort to give the people of Colorado the opportunity to make decisions that reflect the current conditions and sensibilities of the state, rather than being bound by legislation from decades ago.
Straughen, who now works in IT, emphasized the importance of the jury’s award in enabling him to spend time with his children and maintain some level of independence before he ultimately becomes dependent on a wheelchair. This case sheds light on the impact of state laws on compensation for personal injury and wrongful death lawsuits, and the ongoing efforts to challenge and change those laws to ensure fair compensation for those affected.