No Punitive Damages For Injuries From Grain Bin Explosion.

The defendant operated a flour mill in Illinois and a grain bin was part of the facility.  The defendant discovered a burning smell and hired the other defendant, a salvage company, to save as much of the wheat stored in the bin as possible.  A week after beginning work, the salvage operator noticed smoke coming from the bin and called the fire department.  Before firefighters arrived, the salvage company sent several of its workers into the bin to remove tools that could be an obstruction to the firefighters.  While the workers were in the bin, the bin exploded, severely injuring the workers.  At trial, the jury awarded $180 million consisting of $80 million in compensatory damages and $100 million in punitive damages, $99 million of which was allocated to the operator of the flour mill.  On appeal, the court overturned the punitive damage award against the flour mill operator.  The court determined that the flour mill operator could not be held liable for failing to provide a safe workplace.  In addition, the court held that the salvage operator was not liable for $1 million in punitive damages.  The court determined that the parties knew of the unsafe condition and were trying to correct it when the bin exploded and the parties did not know that an explosion was imminent.  The court noted that the verdict was the result of "hindsight bias."  The court remanded the case for a redetermination of how compensatory damages were to be paid.  Jentz, et al. v. ConAgra Foods, Inc., et al., No. 13-1505, 2014 U.S. App. LEXIS 17425 (7th Cir. Sept. 9, 2014).