Appellate Court Upholds $3.3M Award For Boat Worker Following Unsafe Exposure
ALTON/EAST ALTON – An Illinois appellate court has upheld a Madison County jury’s award of $3.31 million for a former boat worker who developed a life-altering respiratory disability from exposure to unsafe working conditions. In January of 2023 , SCF Lewis and Clark Fleeting, LLC was ordered by a Madison County trial court to pay $3.31 million to former deckhand Kevin Mogensen. The ruling aimed to compensate Mogensen for lost wages, past and future medical costs, and more after a 2018 worksite exposure to corn gluten fertilizer permanently impacted his once-active lifestyle. Mogensen was part of a team tasked with cleaning excess material off the surface of an SCF barge after bulk product and material had been loaded onto the barge via conveyor belt. SCF Safety Manager David Totsch testified that workers cleaned the material off barge surfaces using brooms and leafblowers, and “admitted that employees were not given a mask or respirator as part of their safety
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