$4 MILLION AWARD STANDS FOR MAN HURT IN EXPLOSION

SPRINGFIELD, Mo. -- A $4 million award to a Sikeston, Mo., man injured in an explosion at an aluminum processing plant will stand following a decision by a three-judge panel of the Missouri Court of Appeals Southern District.

Ernest Bland was working at Marnor Aluminum Processing Inc. at Miner when a furnace explosion occurred on Jan. 12, 1997. Bland suffered third-degree burns after being hit with molten aluminum that caught his clothing on fire.

Bland filed a personal injury suit in Scott County Circuit Court against Marnor's owner, Metal Mark Inc., and that company's owner IMCO Recycling Inc. Following a February trial, a jury awarded Bland $4 million in compensatory damages, assigning 40 percent fault to IMCO and 60 percent to Metal Mark.

Jury award stands

The companies appealed, claiming the circuit court lacked jurisdiction. In a 2-1 decision handed down late Tuesday, the appeals panel dismissed Metal Mark as a defendant, saying Metal Mark, rather than Marnor Aluminum, was Bland's actual employer. As such, Metal Mark is immune from civil liability and any claim against the company must be handled through the state worker's compensation system.

However, the panel upheld the lower court decision against IMCO. The full amount of the jury award stands, with IMCO now solely responsible for paying all of it.

Larry Grebel, a St. Louis attorney representing the companies, said he was pleased with the decision as it related to Metal Mark and, based on the dissenting opinion, was confident IMCO wouldn't be found liable on appeal to the Missouri Supreme Court.

Michael Ponder, the Cape Girardeau attorney representing Bland, was disappointed Metal Mark was dismissed as a defendant, but satisfied that the court found against IMCO's appeal.

"The important thing is that Mr. Bland is one step closer to being compensated for his injuries," Ponder said.

With interest, which continues to accrue as the appeals process continues, Ponder said his client is owed more than $4.5 million.

According to court documents, Bland was forced to undergo skin grafts following the explosion and spent three months in a hospital burn unit. Ponder said Bland was "horrendously burned" and described the injuries as "among the worst I've ever seen."

"Because of the injuries he had, he will never recover from them," Ponder said. "But he is learning to adapt."

The Marnor Aluminum plant has since closed.