Grain Accident Results in $1.6M Work Injury Lawsuit Award

A work injury lawsuit has resulted in a $1.6 million jury award for a Kansas man, who lost his leg in a grain bin accident. 

The verdict was handed down last month by a Wilson County District Court jury following trial of a lawsuit brought by Sam Rollings against Ken Babcock Sales, Inc. which sold a conveyor system to the Fredonia Cooperative Association, Inc., where Rollings was employed at the time.

According to the complaint, Rollings was sweeping corn out of a grain bin in January 2007 when his right foot and leg got caught in a drag chain, severely injuring him and causing him the loss of his leg.

At trial, Rollings’ product liability attorneys argued that Ken Babcock Sales, Inc. was negligent in providing adequate warning, instruction and safety measures for grain bin workers. The lawsuit also claimed that the conveyor system was defective and unreasonably dangerous, as the drag chain was unguarded and only six inches from a large sump hole.

Ken Babcock Sales argued that it was negligence on the part of the Fredonia Cooperative Association to send workers in to sweep out the bin while the conveyor system was running.

A Wilson County District Jury found Ken Babcock Sales to be 46% at fault, the Fredonia Cooperative to be 44% at fault, and Rollings to be 10% at fault. Rollings was awarded $1.6 million for past and future medical expenses, lost wages and lost earnings. A Kansas cap on compensatory damages is likely to reduce the award.