Jury Awards a Grand Total of $30 Million to Construction Workers in Carson Roof Collapse Case against Harsco Corporation and DYK, Inc.

LOS ANGELES -- Today, a Los Angeles Superior Court jury (Compton Division) awarded a grand total of $30 million to 12 plaintiffs in a negligence lawsuit in which Harsco Corporation (NYSE: HSC) and DYK, Inc. were both found liable for an October 2001 Carson, CA. roof collapse construction accident. In that accident, some Plaintiffs plunged 6-stories into a tank filled with rebar, metal and wet concrete and while other Plaintiffs were left clinging to rebar, suspended 50 feet above the ground until they were rescued. The damages phase of the trial began on September 15, 2005 and the case went to the jury on November 18, 2005. The Hon. Rose Hom presided over both the liability phase and damages phase of the trial. Gonzalo Castillo vs. Quality Shoring and Scaffold, Inc., Case No. TC015917 (lead case).

Plaintiffs Martin and Irma Garcia recovered $16.1 million and were represented by Irvine, CA. attorney Orlando J. Castano, Jr. and Browne Greene with the Santa Monica, CA. law firm of Greene Broillet & Wheeler, LLP, who was associated in to co-try the damages phase of the trial with Mr. Castano. Independently, Mr. Castano and Franklin Casco, Jr. represented Ignacio and Anelica Tejada, who recovered $1.35 million, and Alex Morales, who recovered $550,000.

"Our clients have waited six months through the liability and damages phases of this trial to see that civil justice is served," explained Orlando J. Castano, Jr. "It's been a long road, but the jury's verdict has vindicated their patience. The trial may be over, but we must always remember that what lies ahead for our clients is a lifetime of misery because of the Defendants' negligence which money can never assuage. We sincerely thank the jury for its time and for putting the lion's share of responsibility for the accident on Harsco Corporation and DYK, Inc. where it rightfully belongs."

"We are grateful to the jury for its fair compensation," said Browne Greene, "and for taking Harsco Corporation, DYK, Inc. and the other defendants to task for failing to provide safe equipment by allowing defective shoring to be used on the Carson job site. Yet, no amount of money can ever compensate Martin Garcia and his family for a life shattered and ruined. Harsco's negligence was egregious and we can only hope that the greater lesson learned from this tragedy is that construction companies will make it a priority to put worker safety above company profits."

On October 4, 2001, Martin Garcia was employed as a laborer by Kiewit Pacific and was among more than 40 people pouring concrete on the roof form of Tank No. 19 on the job site at the Joint Water Pollution Control Plant at 24102 South Figueroa in Carson, CA. He was standing on the plywood deck supported by aluminum shoring almost 6 stories above the floor of the tank. At 8:30 AM that morning, after about 60-70% of the roof had been poured, the shoring gave way and the roof collapsed, causing Mr. Garcia and more than seven workers to fall 6 stories into the bottom of Tank No. 19. Mr. Garcia sustained injuries to his head and brain among other severe and permanent injuries.

Plaintiffs filed suit on June 13, 2002, alleging negligence, strict products liability and products liability negligence, among other claims. The trial was bifurcated, with the liability phase of the trial starting on June 20, 2005 and going to the jury on August 12, 2005. On August 17, 2005, the jury rendered its verdict and found that all of the Defendants were negligent. In particular, the jury determined that Harsco provided the shoring material used on Tank No. 19, and further found the shoring material to be damaged and inadequate, and that there were defective and cracked welds on many of the shoring frames. The jury apportioned responsibility for Defendants' liability as follows:

--Seventy-five percent (75%) to Harsco Corporation of Camp Hill, PA;

--Fifteen percent (15%) to DYK, Inc. of El Cajon, CA;

--Seven percent (7%) to Quality Shoring and Scaffold, Inc. (now owned by DYK, Inc.); and

--Three percent (3%) to Dave Gowers Engineering, LLC of Selma, OR.

Prior to the start of the damages phase of the trial, the lawsuits brought by Gonzalo Castillo (lead case) and Ruben Gutierrez were both settled for confidential amounts by their attorney, Geoffrey S. Wells with Greene Broillet & Wheeler, LLP.

Editor's Note:

Plaintiffs Martin and Irma Garcia were represented by Irvine, CA. attorney Orlando J. Castano, Jr.; Telephone: [phone] and Browne Greene with the Santa Monica, CA law firm of Greene Broillet & Wheeler, LLP; Telephone [phone]. Plaintiffs Ignacio and Anelica Tejeda and Alex Morales were represented by Mr. Castano.

Defendant Harsco Corporation is based in Camp Hill, PA. (www.harsco.com); Telephone: [phone], and was represented by Dana Alden Fox with the Los Angeles office of Lynberg & Watkins; Telephone: [phone]. Via merger, Harsco acquired defendants SGB Construction Services, Inc., SSGB, Inc., and Patent Construction Systems. Harsco was the provider of shoring material to the Carson construction site.

Defendant DYK, Inc. is based in El Cajon, CA. (www.dyk.com); Telephone: [phone], and was represented by Jeffrey Lyddan with the San Francisco, CA. law firm of Carroll, Burdick & McDonough LLP; Telephone: [phone]. Via a purchase on July 30, 2001, DYK, Inc. bought defendant Quality Shoring and Scaffold, Inc. DYK, Inc. was charged with erecting shoring for digester tanks the Carson construction site.