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.
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