Jury awards plaintiffs $9.6 M in NH3 tank case

Clinton, Iowa-A Clinton County jury awarded the two victims of an April 2003 explosion $9.6 million on Aug. 10, after a trial that lasted over two weeks, according to the West Cedar Falls Courier. Bob Ryan, 68, and Nathan Nissen, 27, were injured when an ammonia tank exploded at River Valley Cooperative in Calamus. Ryan eventually died from his injuries, while Nissen recovered after a long stint in the hospital and returned to work. The jury allotted $3.8 million to Ryan’s estate and $5.8 million to Nissen. Most of the money is expected to come from Trinity Industries Inc., which manufactured the tank in 1976. Trinity had no comment last week. Three defendants ?Çô Agriliance LLC, CF Industries Inc., and CHS Inc. ?Çô had already settled their portion of the case for a combined $2.25 million (GM July 31, p. 9), and sought reimbursement from Trinity. According to the Courier, the jury verdict would give CF and Agriliance an 80 percent reimbursement, and CHS 90 percent. “I think the jury has clearly sent a message to the anhydrous ammonia industry that they better get these tanks off the road and make sure they’re safe,” said plaintiff’s attorney Don Beattie, as quoted in the Courier. “Safety won out.” Ryan posthumously received the Lifesaving Award of Valor from Iowa Gov. Tom Vilsack in 2003. After the explosion, Ryan picked up Nissen and submerged him in a nearby decontamination tank. He shut off the main switch to prevent further loss of anhydrous and then entered the water tank to hold Nissen until help arrived minutes later. He insisted that responders take care of Nissen first.