August 27, 1994
Burn victim awarded $6.7 million by federal jury in Memphis
By David Bennett, Staff Writer, The Clarksdale Press Register Copyright 1994, The Clarksdale Press Register. Printed by Permission.

A Halls, Tennessee, businessman, who was burned over 70 percent of his body when an acetylene tank exploded in 1985, and his former wife were recently awarded more than $6.5 million by a federal jury in Memphis.

The attorney representing David Hurt, 53, in the case was Clarksdale-based Ralph E. Chapman of CHAPMAN, LEWIS & SWAN. Representing Hurt's former wife, Elizabeth Hurt, was Frankie Wade of Hill, Boren, Drew and Martindale of Jackson, Tennessee.

The accident, which happened August 30, 1985, occurred when Trey Hurt-the son of the plaintiffs-was cutting pipe with an acetylene welding rig at the family business, Hurt Seed Company. Trey, after cutting a piece of pipe, heard a strange noise and noticed flames coming from the acetylene cylinder, which was mounted in the back of a pick-up truck. A fire extinguisher was used on the cylinder to no avail.

As his son went for another extinguisher, David Hurt, emerged from his office and noticed the fire. He grabbed an extinguisher and rushed to the tank, thinking his son or another person was on fire. As he approached the cylinder, he noticed it was afire and turned to run. The tank exploded, engulfing him in flames.

Attorney Chapman says he became involved in the case in an odd way.

Guthrie Abott, a friend of Chapman's and the brother-in-law of Hurt, was visiting in Clarksdale at the time of the accident.

"We were going dove hunting," says Chapman, "when (Abott) got this call saying his brother-in-law had been in a bad accident."

Chapman was later asked to take the case.

Seventy-one percent of Hurt's body was covered in second and third degree burns. He was taken to the burn center at the MED in Memphis. He spent 169 days in the center and hospital, and went through five surgical procedures, trying to recover from the burns.

"Mr. Hurt went through some excruciating pain," says Chapman. "They put him in this hot whirlpool, called a Hubbard Tank, which has a Clorox solution in it. Then they scrubbed his skin until it bled. They do that because once it bleeds, they know they have live tissue." Chapman says despite drugs for the pain, Hurt suffered immeasurably.

"When the pain is that intense," said Chapman, "you don't think in terms of hours or minutes. You think in terms of seconds."

Following Hurt's release from the hospital and claiming that the acetylene cylinder was defective, the Hurts went to trial in 1989 suing the makers of the cylinder, Coyne Cylinder Company. Following a controversial, 17-day recess directly after the plaintiff had presented their case, the jury found for the defendant.

"We thought (the recess) was unfair," says Chapman, "because by the time the jury returned 17 days later, the defense put on their case immediately. (By that time) the jury had already forgotten a lot of our case. This was very complicated."

The Hurt's case was appealed to the U.S. Sixth Circuit Court in Cincinnati. In February, 1992, the court reversed the earlier trial court decision and ordered a new trial.

During the new trial, the plaintiffs claimed the acetylene cylinder contained a defective porous mass. This mass is used to prevent gas breakdown and absorb any heat from minor acetylene breakdown. The jury agreed with the plaintiff's assertions.

Mr. Hurt was awarded damages for his $450,000-plus medical expenses, loss of past and future earnings, pain and suffering, disfigurement, permanent impairment and limitation of his ability to participate in activities of life, loss of pleasures and enjoyment of life, and compensation for mental or emotional injuries suffered, according to a written summary provided to The Press Register.

Mrs. Hurt was awarded $500,000 for her expenses incurred while Mr. Hurt was in the hospital, her loss of services, company, cooperation and the love and affection of normal companionship.

Mr. Hurt, according to Chapman, still suffers from scarred eyes, lung problems, lost hearing, and the inability to handle extreme temperatures.

"This was a just verdict," says Chapman. "There is no way to compensate Mr. Hurt for what he's had to go through, but we are pleased with the outcome."