Facts

Michael Flair was injured in an arc explosion at the Adaptec Inc. facility in Milpitas. Flair was performing work at the facility and was employed by the South Valley Electric Co., a licensed electrical contractor. South Valley provided on-site electrical services at the facility for many years.

Flair sued Adaptec, Pringle Electrical Manufacturing Co., Power Systems Testing Co., Pacific Gas & Electric Co, Siemens Corp., and Siemens Energy & Automation Inc. for premises liability including failure to warn and inadequate warning. His wife filed a loss of consortium claim against defendants. The defendants filed cross-complaints and third-party complaints, most were dismissed. Flair dismissed several of the defendants, and the case continued only against Adaptec.

Damages

Flair sought $1.1 million in past medical specials; $900,000 in future medical specials; claimed $700,000 in past lost earnings; $1.6 million in future loss of earnings; and $250,000 in loss of household services. The wife presented a loss of consortium claim with damages unspecified. They asked the jury to award $9.4 million.

Injuries

The arc flash caused extensive burn injuries to Flair's body and lungs. He was placed in an induced coma for approximately two and a half months due to respiratory damages sustained from the accident. He developed ossification in his knees and shoulders and was hospitalized for approximately three and a half months. At the time of trial, Flair claimed residual injuries including burn scarring on his upper extremities, shortness of breath, reduced diffusing capacity, cognitive and memory deficits, reduced mobility, chronic pain, and others. He also suffered from continuing pain, anxiety, depression and insomnia.

Result

The jury returned a defense verdict. It found Adaptec not negligent, and determined that Adaptec was not Flair's employer.

Other Information

Insurer: Travelers for Adaptec Inc.

Deliberation

4.5 hours

Poll

11-1 (negligence), 10-2 (employer/negligence per se)

Length

20 days