GREELEY, Colorado – An oil and gas worker from Idaho who was injured in a tank explosion in Weld County in 2019 recently won a $30 million federal jury judgment against a Wyoming field services company.
Steven Straughen, 36, was thrown 27 feet in the explosion and suffered severe injuries, including the loss of a leg. His attorneys stated that he will require future surgeries, including knee and hip replacements. The U.S. District Court for Colorado jury awarded $15 million to Straughen for pain, suffering, and mental anguish. However, current Colorado law dating back to the 1980s limits personal injury awards in that category to about $600,000.
Straughen is now considering becoming one of the public faces of a campaign to lift Colorado statutory caps on pain and suffering awards. He expressed hope for a chance to appeal for access to more of the award and believes that the jury award is proof “the system worked the way it’s intended.”
According to Straughen’s attorney, Kurt Zaner, trial lawyers are considering pushing for a ballot measure to eliminate the Colorado cap on such pain and suffering awards. If approved, backers could begin gathering signatures to get it on the November 2024 ballot.
The jury put in nine days of hard work listening to expert testimony and difficult medical information, Zaner said, but was not allowed to hear about the pain and suffering cap before deliberating. This led to concerns about a miscarriage of justice as the jury did not know that part of the award might not be accessible to the plaintiff.
Straughen was working as an inspector at a well pad for another oilfield services company when the explosion occurred. An investigation by the Occupational Safety and Health Administration revealed that the explosion was caused by defective tanks and badly maintained equipment which allowed oxygen to mix in with volatile chemicals. The explosive mixture was then set off by a nearby burner meant to safely vent the chemicals.
In addition to working to lift the statutory caps, Straughen’s attorney mentioned that he will be filing motions in Straughen’s case to argue that the Colorado caps should not apply. Straughen’s working partner noticed steam in the area, which is unusual, so he asked him to shut down valves to isolate the oil chemicals. However, the tank exploded right in front of Straughen, causing catastrophic injuries.