Local 134 Electrician Wins $6.73 Million Verdict After Flash Fire in Circle K Fuel Pit

On July 26, 2019, a 55-year-old IBEW Local 134 journeyman electrician and a co-worker were sent to a Circle K gas station on Chicago's South Side to troubleshoot a malfunctioning gas pump valve. The repair required them to descend into a fuel pit roughly 66 inches deep beneath the pump island. What neither they nor the station operator had accounted for was that the space met the regulatory definition of a confined space, one with no ventilation and a known potential for flammable vapor accumulation.

After multiple attempts to free a rusted plug nut by hand failed, the electrician switched to a battery-operated reciprocating saw. Sparks from the blade ignited gas vapors pooled in the pit. The resulting flash fire engulfed him instantly, causing second- and third-degree burns across his arms, hands, and torso, along with a torn right rotator cuff from his attempt to escape.

He was admitted to the University of Chicago burn unit, where he remained for several weeks. Treatment included multiple debridement surgeries and skin grafting procedures. After discharge, he continued physical therapy and underwent additional surgeries on his hand and shoulder. Despite the severity of the injuries, he eventually returned to full-duty work as a union electrician with no permanent restrictions and no lasting scarring or disfigurement.

GWC Injury Lawyers filed suit in Cook County Circuit Court against RDK Ventures LLC, the entity that operated the station as a Shell and Circle K joint venture. Partners Joseph P. Sorce and Lawrence J. Amato argued that RDK Ventures violated OSHA confined-space regulations applicable to property owners: specifically, that the company failed to identify and label the pit as a confined space and failed to ensure that contractors working in it followed required procedures. The defense countered that the electrician was solely responsible because he chose to use spark-producing equipment in a fuel environment.

Trial ran six days. The jury returned a gross verdict of $6,729,225.55. Finding the plaintiff 45 percent at fault for using the reciprocating saw, the jury reduced the net award to $3,701,074.05 under Illinois comparative fault law. A workers' compensation lien of approximately $1.46 million was separately waived as part of the resolution. The case was reported by the Chicago Law Bulletin on July 19, 2024.