Kripplebauer v. Celotex

Montgomery McCracken won a complete defense verdict for Celotex Corporation after a seven-day jury trial in Federal District Court in Scranton, Pa. The plaintiff alleged damages for pain and suffering, permanent scarring, and lost wages after being sprayed with 450° liquid asphalt resin he had delivered to the Celotex fiberboard plant in Sunbury, Pennsylvania. The plaintiff sought a multi-million jury award after spending over two months in a coma and burn unit.

Montgomery McCracken simultaneously litigated Celotex’s third party claim for indemnity against the asphalt manufacturer, Ziegler, under the purchase contract for the asphalt. The jury found that Celotex did not cause the plaintiff’s injuries.  The Court granted a judgment in favor of Celotex and against Ziegler for $530,780 in costs and attorneys’ fees for defending the case against Kripplebauer and prosecuting the case against Ziegler.