April 1998

On July 8, 1993, Mike Stasulli, age 51, worked as a high voltage electrician and was assigned to trouble shoot and repair a pressurized compressor originally manufactured in 1954. While restarting the unit, an electrical terminal ruptured, spraying out crankcase oil that was ignited by an open wire. Mr. Stasulli's cotton work pants caught on fire, with the flames spreading up his body and igniting his cotton work shirt.

Unlike all other manufacturers' models, this compressor was designed so that the electrical terminal–a weak opening in the pressurized steel jacket–was submerged in the crankcase oil, thereby guaranteeing that there would be combustible oil sprayed past a live wire in the event of a terminal failure. Flash fires in the late 1950's compelled the manufacturer to redesign its compressors and place warnings in new manuals. There was, however, no recall campaign regarding the older design. Although the accident compressor was discarded by the employer, Plaintiffs overcame the Defendant's Motion for Summary Judgment, based on spoliation of evidence, by focusing on the design defect and by obtaining two exemplars.

Defendant Hanover Uniform supplied all of the work uniforms for Plaintiff's employer, a university. It knew that one style of uniform was intended for maintenance workers, including electricians. Hanover Uniform had received product literature from trade associations that untreated flammable work clothing should not be provided for occupations where there was a significant risk of ignition, such as electricians. Plaintiffs argued that the cotton work clothing was unsafe for its intended purpose and that Hanover Uniform should have supplied flame resistant (FR) clothing. Clearly, Defendant Hanover Uniform was not responsible for the flash fire and for the injuries that would have occurred even with FR clothing. It was, however, responsible for the "enhancement" or worsening of Mr. Stasulli's injuries caused by the burning cotton clothing, it was contended. Plaintiffs calculated the enhancement by analyzing the heat transfer test to a mannequin equipped with 160 thermocouplers that recorded heat rise caused by the burning of different fabrics.

Injury: Mr Stasulli suffered second, third and even fourth degree burns over 56% of his body. Mr. Stasulli is totally disabled and incurred over $750,000.00 in medical expenses.

Result: The case against Hanover Uniform settled for cash plus structured payments with a present value of $2,400,000.00. The case against the manufacturer of the compressor settled for a confidential amount.

Plaintiffs' Attorneys: Martin K. Brigham and Eunice F. Trevor of Galfand, Berger, Lurie, Brigham, Jacobs, Swan, Jurewicz & Jensen, Ltd., Philadelphia, Pa.

Defendant's Attorney: Angelo Scaricamazza, Jr. of Naulty, Scaricamazza & McDevitt (for Sanford Shirt)

Stasulli v. Sanford Shirt Company, May Term, 1995, No. 4376 (Philadelphia County Court of Common Pleas, Pa. 1998)