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Severely injured laborer sues former employer, manufacturer
YOUNGSTOWN
A laborer severely injured in a 2009 accident has sued the company that employed him and its equipment manufacturer for $3 million.
Lee A. Whinery, 48, of New Castle Road, Lowellville, and his wife, Christine, sued Virgin Oil Ltd.; its owner and president, Larry Frangos; and Wastewater Management Inc. of Cleveland, Virgin’s equipment manufacturer. The suit was filed this week in Mahoning County Common Pleas Court.
Whinery said he suffered third-degree burns over 75 percent of his body and was painfully and permanently injured in a fiery industrial explosion.
On Feb. 25, 2009, Whinery “was profoundly injured when, while standing next to a large separating tank, a huge explosion occurred and a fireball engulfed him” at Virgin’s wastewater pre-treatment plant at 1630 Wilson Ave., Youngstown, the lawsuit says.
The plant was engaged in separating heavy metals and dirt from gas-well water before it went to waste treatment.
After the accident, Whinery initially was in critical condition in Akron Children’s Hospital’s burn unit. The suit says he suffered internal burning of his nose, throat and lungs.
Immediately after the accident, Frangos told The Vindicator his initial report from the Ohio EPA was that his plant appeared to be in compliance with the agency’s rules.
“Everything on scene, we had permits for,” Frangos said immediately after the explosion.
A recording intercepted a reporter’s Wednesday call to the plant’s listed telephone number, saying the number was disconnected.
Mike Settles, Ohio EPA spokesman, said Wednesday his agency has issued no violation letters concerning the accident, but its investigation continues.
The defendants created a dangerous environment by “removing, eliminating, bypassing, or otherwise failing to provide integral safety devices, guards and procedures” at a plant that handled “extremely flammable substances,” the suit said.
The complaint, which demands a jury trial, was filed by Atty. Mark L. Wakefield of Cleveland. The case is assigned to Judge R. Scott Krichbaum.