Verdicts & Settlements

Injured Plumber Gets Major Award

A jury awarded $400,000 Friday to a Scranton plumber who was burned badly four years ago when gasoline exploded In a sewer line. The verdict was a record high for a personal injury, case in Lackawanna County Court. The judgment was made against Peerless Petroleum Co., owned by Sheldon Friedman of Clark's Summit, and me Scranton sewer Authority. The main figure in the three-week trial was Roger O'Malley, whose address was us Green Place at the time. He was critically injured June 5, 1973, as ha was installing a sewer line at a home on N. Dewey Ave. Testimony during the trial revealed that a car hit a pump at Michael Pregnar's Citgo Service Station N. Keyser Ave. in March 1973, causing a hairline fracture in its pipe system; The Sewer Authority first noticed gasoline In its pipes on April 10, according to testimony, and confirmed the presence of gasoline there once again In May. Little was done to correct the situation, court was told. Peerless is listed as the owner of the service station where the pump was hit by the car. When the company's books were subpoenaed and placed into evidence they showed that 12,000 gallons of gasoline were missing from its tanks over a 10-week period. Mr. O'Malley, who was 23 at the time of the explosion, was Injured while working with two other members of the Santarsiero & Son Plumbing Co. The men were installing a sewer line into the property of Dolan Morrow, 217 N. Dewey Ave. When the explosion occurred, it scattered debris and manhole covers over the area and damaged nearby homes.One of the other workers, Frank Santarsiero Sr. of Dunmore, suffered burned hands when he attempted to tear flaming clothing from Mr. O'Malley's body. The third man, Frank Santarsiero Jr., escaped Injury. After the accident, Mr. Morrow and two neighbors filed a statement with police noting that all three had complained to the Sewer Authority on several occasions about a smell of gasoline in the neighborhood. The trial began Nov. 9. Mr. O'Malley brought the case against Peerless the Sewer Authority, Mr. Pregnar, the service station operator, and Benton Richards. The jury did not include Mr. Richards or Mr. Pregnar in the settlement, however.

Another defendant was Mr. Santarsiero, who was listed as Mr. O'Malley's employer. His attorney, Carlon 0 Malley Jr., Friday asked Judge Edwin Kosik to grant a motion for compulsory non-suit because evidence showed his client had nothing to do with the accident. The request was granted and Mr. Santarsiero was severed from the trial before it went to the jury.

Also severed from the case were Mr. and Mrs. Morrow the property owners, and Leonard Bergaminio, driver of the car that struck the gas pump. Mr. O'Malley was represented by Attys. Robert Munley and David I. Fallk.