A man, who suffers with an abnormal sensitivity to sound following a chip mill accident, has been awarded over $3.8 million for his "unusual" personal injury damages, as reported by The Daily World.
V.L., along with his wife M.L., sued Willis Enterprises and their employee, D.F., after a January 25, 2010 explosion.
A Grays Harbor Superior Court jury heard the case. The verdict's monetary award is subject to a judge's opinion.
Ray Kahler, the attorney that represented the couple said, "It's been a while since a verdict of that size in a personal injury case has been rendered in Grays Harbor County. And I think the other thing that's significant about it is just the nature of his injury. It's an unusual type of injury."
V.L. has been diagnosed with severe tinnitus and hyperacusis – a sensitivity to sound that is considered abnormal. His injury has caused him to leave his job, stop driving and discontinue serving as an elder in his church and directing the church's choir.
While working in his job as a control specialist for Advanced Electrical Technologies Inc., V.L. was sent to the Willis Enterprise-owned mill. There was a reported problem with the "variable frequency drive" that controls the input into the chipper. The drive controls were not reported to be malfunctioning.
Working alongside V.L. was D.F. Both men worked to clean, disassemble and then reassemble the drive mechanism. At one point V.L. entered the 6 by 6 foot enclosure to look at the fans that failed to spin.
A press release from V.L.'s attorneys read, "The action triggered an explosion so bright that the mill worker temporarily thought he had lost his sight. A massive sound wave from the explosion permanently damaged (V.L.'s) hearing system."
According to the complaint, a typical wall outlet has 120 volts, the short-circuit gave off approximately 700 volts. V.L. now wears special headphones that allow him to block out noises so that he can go about his day-to-day functions.
Kahler said, "He can have a conversation with someone (but) because of the constant tones and noise in his head, he has difficulty at times following a conversation, concentrating and focusing on a conversation. He can't be in a situation like a church potluck or dinner where there's a lot of noise. He can't interact with people in that kind of a social setting."
The jury found D.F. to be 90 percent at fault. AS D.F. is an employee of Willis Enterprises the company was also found liable. V.F. was found to be 10% liable.
A portion of the award is for V.L.'s non-monetary damages and for M.L.'s loss of consortium.
Attorney Tom Brown, who declined to comment, represents Willis Enterprises.
If you or someone you hold dear has suffered with an injury, that was the direct or indirect fault of another party, contact a personal injury lawyer right away. A multi-million dollar award such as this one can be obtained for your damages if they are severe enough.