Court Upholds $3.3M Jury Award for Injured Barge Worker

An Illinois appellate court has upheld a $3.31 million jury award in favor of Kevin Mogensen, a barge worker who suffered severe respiratory injuries while working on a Mississippi River barge crew. The court also affirmed a directed verdict against his employer, SCF Lewis & Clark Fleeting, due to misconduct by the defense during trial.

Mogensen, who worked as a boat mate, was exposed to airborne dust containing an oily residue while loading corn products onto a barge during an overnight shift. After completing his shift, he experienced severe breathing difficulties. His condition worsened to the point where his girlfriend called 911, and he lost consciousness. Mogensen was later diagnosed with severe asthma and acute hypoxic respiratory failure, requiring intubation and ventilation for 36 hours.

In his 2018 lawsuit, Mogensen alleged that SCF Lewis & Clark Fleeting was negligent for failing to provide a safe work environment, including adequate ventilation masks and protective equipment. He has since required extensive medication and caregiving assistance, suffering lasting physical limitations that impact daily activities such as grocery shopping, mowing his lawn, and even engaging in intimate relationships.

The Trial and Misconduct Allegations

During the trial, SCF Lewis & Clark Fleeting violated an Illinois evidentiary rule it had requested, which barred witnesses from hearing the testimony of others. The company’s legal team conducted daily briefings with a witness, relaying testimony from adverse witnesses—directly contradicting the court’s order.

As a result, the trial court struck SCF’s pleadings and entered a directed verdict in favor of Mogensen. The appellate court ruled that the sanction was justified, noting that SCF had invoked the rule itself and could not later claim it was unclear or ambiguous. "It is illogical for the defendant to now argue that the scope of its motion was unclear or ambiguous," the panel stated.

The Jury’s Award and SCF’s Appeal

SCF Lewis & Clark Fleeting also challenged the jury’s $3.3 million damages award, claiming it was excessive and unsupported by evidence. However, the appellate panel rejected this argument, emphasizing the severity and permanency of Mogensen’s lung injuries and their impact on his daily life.

"The plaintiff's young age at the time of the incident, the permanency of his injuries to his lungs and the lasting effects on his breathing, the permanent restrictions on his daily activities like loading groceries or walking his dog, and the potential necessity for future treatments all weigh in favor of the jury's award for damages," the panel wrote in its decision.

Law Firms Involved

Mogensen was represented by Benjamin P. Tobin of Pratt & Tobin PC and Joseph Hoefert.

SCF Lewis & Clark Fleeting was represented by Douglas E. Gossow and Giles B. Howard of Goldstein and Price LC.

What’s Next?

With the appellate court affirming both the verdict and the sanctions, SCF Lewis & Clark Fleeting’s options for further appeal are limited. The company could seek review by the Illinois Supreme Court, but absent extraordinary circumstances, the $3.3 million judgment will likely stand.

The case is Mogensen v. SCF Lewis & Clark Fleeting LLC, case number 5-23-0501, in the Appellate Court of Illinois, Fifth District.