Marina Company Ignored Key Safety Training Leading to Welder Igniting an Explosive Tank

Marina safety managers neglected to train one of their boat welders about New York’s mandated safety protocols. These measures required purging a tank of all volatile materials and testing the air for explosive particulates before any welding could begin. A welder was directed to tack-weld angle iron onto what he believed was a waste-oil tank. Little did he know that someone had also dumped gasoline inside without labeling the tank. As soon as his arc torch grazed the outer shell, it ignited the gas vapors. The explosion ripped through the workshop, shaking homes miles away, and engulfed the marina in flames and toxic black smoke.

Miraculously, the victim survived the explosion because a friend had rescued him from the burning workshop. However, once at the hospital, he flitted dangerously close to death throughout his months-long stay. He sustained burns to 49% of his body, which required extensive debridement, excision, and allografting. Doctors induced a coma and placed him on a ventilator. He developed pneumonia and multiple blood infections with antibiotic-resistant bacteria. His esophagus and GI tract required numerous surgical interventions. He wasn't weaned off the ventilator until 6 months later, and he remained within medical care for nearly a year and a half as he recovered. During that time, he developed end-stage renal disease, which required a transplant three years later. For the rest of his life, he would suffer from neuropathies, hypersensitivity, ongoing pain, and physical impairment.

The family brought Donald Boyajian, managing partner at Dreyer Boyajian LLP, onto the case while the employee was still in a coma. Donald had nearly 40 years of experience litigating personal injury claims and specialized in explosion cases. He visited the injured man frequently to understand his suffering and the ongoing medical challenges. To help him, Donald needed to know how the explosion occurred. He went to the marina and shot video of the workshop, debris, and surviving artifacts. Since he could not talk, Donald had to reconstruct the sequence of events by collecting depositions and physical evidence.

One problem that Donald faced was that New York employers had workers’ compensation immunity. He needed to investigate whether the victim’s employers had properly trained him before the incident. Outside of class action suits, Donald filed more discovery motions over the next two years than he had over his prior 20 years of practice. To make matters worse, five defense firms were involved, and they fought his requests at every turn. Donald had to take the disputes before the judge or otherwise obtain documents from other sources. Ultimately, he learned that OSHA’s investigation uncovered four serious violations and that the marina company never provided the young welder with a safety manual or safety training. Alarmingly, Donald also learned that the welder was never told hazardous gasoline lurked in the tank.

To sway a jury, Donald needed to demonstrate the root cause of the explosion, especially since jurors would also be assessing the plaintiff’s culpability. He brought on five liability experts and five damage experts, including doctors, an economist, and a life planner. He then sought out ways to recreate the explosion and even briefly considered igniting another gasoline tank in a controlled experiment. Instead, he opted to have DK Global recreate the explosion digitally. For a jury to understand, he knew they needed to see the story of the hidden gasoline vapors.

The DK Global demonstrative spanned 28 minutes, combining news footage, animations, and snippets from the written records. It opened with CCTV footage, witness videos, and news coverage of the event. The root cause was then explained through news interviews, along with a “fire triangle” graphic showing how heat, fuel, and oxygen combust together. Following this, a 3D reenactment showed the explosion in the victim’s workshop. The replay revealed the invisible vapors within the tank. The next section highlighted relevant rules, procedures, and regulatory documents. The film then played snippets from the safety managers’ depositions. To show his top-tier tidiness, the presentation also included footage of his highly organized workshop. 3D animations then showed the proper procedures for purging the tank. Finally, to show his extensive medical history, the demonstrative presented the victim’s entire timeline of care, complications, and procedures alongside photos from his hospitalization.

The judge held regular conferences to keep the complex litigation from dragging out for years. Both sides initially agreed to meet with a mediator, but the case failed to resolve at mediation. When Donald shared the DK Global video with the defendants, it drove home how serious he was about taking the case to trial. The defense realized they either had to resolve the case or find out what the jury’s reaction would be to the video. They opted to settle the case for a confidential but favorable sum. The victim was very satisfied with the outcome and was confident he could live his best life despite his enormous challenges. He even presented Donald with a beautiful plaque to show his appreciation.

Donald Boyajian, managing partner at Dreyer Boyajian LLP, has practiced law for over 40 years, focusing on complex personal injury and defective product claims. Donald has recovered millions of dollars on behalf of clients in individual claims, as well as multiple plaintiffs in class actions. He has achieved the AV Preeminent rating from Martindale-Hubbell and is a member of the Multi-Million Dollar Advocates Forum. He is the president of the Capital Region Affiliate of the New York State Trial Lawyers Association and a board member of the Fund Legal Justice Legal Aid Society of Northeastern New York.