Union Carpenter Disabled by 4,160-Volt Shock at IPL Plant Wins $20 Million Jury Verdict

On March 6, 2014, Wayne Simmons was working as a union carpenter for Sterling Boiler and Mechanical, a contractor hired by Indianapolis Power and Light (IPL) to perform work at its Petersburg coal plant in Pike County, Indiana. His assignment that day was to excavate a concrete footing for a new hydrogen tank in a designated area on the plant grounds.

Before the dig began, IPL issued a permit certifying the work area was clear of live electrical lines. The IPL employee responsible for that review relied on an inaccurate plant drawing rather than using physical locating devices to verify where lines actually ran. The certification was wrong. When Simmons struck the ground with a jackhammer, he hit an energized 4,160-volt line. The explosion knocked him off his feet and sent an electrical charge through his body.

The injuries were severe and lasting. Simmons suffered permanent neurological damage and chronic pain that ended his carpentry career. In the years that followed, he underwent multiple spinal cord stimulator implants and hundreds of medical appointments, with ongoing pain management that continues to this day. His wife Amy brought a companion loss-of-consortium claim.

Louis 'Buddy' Yosha, Bryan Tisch, and Brandon Yosha tried the case for the Simmons family in Marion Superior Court before Judge James Joven. The trial ran two full weeks, uncommon for a personal-injury case, and took place in October 2020 under COVID-19 protocols that required modified courtroom procedures throughout. Brandon Yosha, who had been licensed for only five weeks when the case was called, delivered both the opening statement and closing argument.

The legal team focused on IPL's permitting process, showing that the company's own employee chose not to use available locating technology before signing off on the dig permit. Jurors found IPL 60 percent at fault for the accident, Sterling Boiler 30 percent at fault, and Simmons 10 percent comparatively negligent. The total verdict was $20 million. Applying Indiana's comparative-fault rules, the net judgment to the Simmons family came to $12.2 million.