Zaner Harden Law announced it secured a landmark $30 million verdict this week regarding a 2019 explosion at a fracking facility in Greeley, Colorado, which caused injuries to a fracking specialist working on site.
The incident was caused by faulty frac tanks, designed to store water and oil. Holes in the tank resulted in an explosion, launching Steve Straughen 27 feet away. Straughen was a U.S. Air Force veteran and former Army volunteer and the father of two young children at the time of the accident.
Firm co-founder Kurt Zaner wrote via email to Law Week the verdict will be reduced by at least $14 million. “The jury will never know that $14 million that they wanted Steve to have will never go to him. The jury is not allowed to know about the cap.”
Under current state law, Straughen was barred from receiving the remaining $15 million compensation from his settlement. At best, he will be entitled to around $1 million of the $15 million, losing out on $14 million.
“It’s a travesty,” said Zaner of the cap’s impact on victims like Straughen. “The jury sat for two weeks listening to all of the evidence and came to the conclusion that Steve needed every penny to help him with the next 40 years of his life.”
Zaner said the current law doesn’t allow juries to be final deciders of damages and it instead falls to legislation from 40 years ago. He said he doesn’t think the state should impose damage caps.
“If we can trust the jury with the decision on everything else, we should be able to trust them on measuring a person’s pain and suffering,” Zaner wrote. “Only those 7 jurors sit through the trial, hear all the evidence, and understand the depth and gravity of the plaintiff’s pain and suffering.”
Zaner said Straughen will be living with severe orthopedic limitations. “His future has been taken from him and he will never be able to ski with his two young children, take them hiking, or teach them how to race sailboats,” said Zaner.
Editor’s note: This article was updated Feb. 19 to correct a typo in an emailed comment provided to Law Week.