High court hears appeal in industrial accident

JEFFERSON CITY, Mo. -- Whether a Sikeston, Mo., man badly burned by molten aluminum will collect $4 million in damages is in the hands of the Missouri Supreme Court following oral arguments Tuesday in an appeal of the judgment.

The court is expected to issue a ruling in March.

At issue is whether the Scott County Circuit Court in which the lawsuit was filed had jurisdiction to hear the case or if any injury claims should have been handled through the state's workers' compensation system.

On Jan. 12, 1997, Ernest Bland was working at Marnor Aluminum Processing Inc. at Miner, Mo., when a furnace exploded, injuring Bland with third-degree burns.

Bland filed a personal injury lawsuit against Marnor's owner, Metal Mark Inc., and that company's owner, IMCO Recycling Inc. A jury awarded Bland $4 million in compensatory damages, assigning 40 percent fault to IMCO and 60 percent to Metal Mark.

A panel of the Missouri Court of Appeals later dismissed Metal Mark as a defendant, saying that company rather than Marnor was Bland's employer. As such, Metal Mark is immune from civil liability. However, the decision against IMCO was upheld.

Larry Grebel of St. Louis, the companies' attorney, said that IMCO, a Delaware corporation headquartered in Texas, has little contact with Missouri and merely handles bookkeeping for Metal Mark. As a result, the circuit court had no jurisdiction over IMCO, he said.

Bland's attorney said IMCO waived its right to contest jurisdiction by filing a cross claim against another defendant in the original suit.

If the high court rules against IMCO, it would be solely responsible for paying the damage award to Bland. With interest accrued during the appeals process, the amount could top $4.5 million.

mpowers@semissourian.com

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