Greene Township couple gets payment for husband’s work injury

By Joe Pinchot
Herald Staff Writer

MERCER COUNTY Fri, May 16 2008

— A local judge has signed off on a settlement in the lawsuit of a Greene Township couple over the serious injuries the husband suffered in a 2004 fall at Wheatland Tube.
Stanley and Rhonda Mariacher, 119 McElhaney Road, were awarded $685,000 from Wheatland Tube’s insurer, Sentry Select Insurance Co.
The Mariachers and Wheatland Tube Vice President of Operations William L. Kerins declined to comment.
Sentry is seeking through U.S. District Court, Pittsburgh, to get reimbursement of the settlement and legal fees from National Interstate Insurance Co., which insured Nick Strimbu Inc., Brookfield, a trucking company.
According to court filings:
Mariacher was a self-employed tractor-trailer driver who leased his rig to Strimbu.
Strimbu was hired by Wheatland Tube, which is owned by John Maneely Co., to carry a shipment of galvanized pipe to Russell Springs, Ky., and assigned Mariacher.
At about noon on Jan. 21, 2004, Wheatland Tube loaded Mariacher’s rig with the pipe. The material had been left outside and was covered with snow and ice. Mariacher fell while securing the load and suffered a severe spinal cord injury and other nervous system injuries, broken ribs and vertebrae, traumatic psychological and neurological injuries and other injuries.
The Mariachers charged Wheatland Tube employees with negligence for requiring Mariacher and others to secure and tarp the pipe by walking on the pipe when that activity “involved an unreasonable risk of harm.” Mrs. Mariacher claimed loss of consortium.
Wheatland Tube denied the allegations or that it was liable.
Mercer County Common Pleas Judge Francis J. Fornelli approved the settlement April 29 and allocated Mariacher $550,000 for pain and suffering, $25,000 for past and future medical expenses and $60,000 for past and future loss of earnings, and to Mrs. Mariacher $50,000 for loss of consortium.
Sentry, of Stevens Point, Wis., is auto insurance carrier for Wheatland Tube and Maneely. Along with the settlement, it is seeking in federal court to have National Interstate reimburse $78,500 in legal expenses and the settlement payment.
National Interstate has denied that it is required to defend Wheatland Tube or owes any money for the settlement or legal fees. The company said Sentry is the proper insurer for the case.