Mantese, Miller & Shea, P.L.L.C.: Action Filed Against Defiance Testing and Engineering In Wrongful Death Claim in Oakland County Circuit Court

    TROY, Mich., Jan. 25 The following was released today by
Mantese, Miller & Shea, P.L.L.C.:

    The Estate of Geoffrey Matthew Lazarecki today filed a wrongful death
action against Defiance Testing and Engineering Services, Inc. in Oakland
County Circuit Court.  The case was assigned to the Hon. Wendy Potts.  Mr.
Lazarecki was found frozen to death in a cold weather test chamber at the
Defendant's automotive testing facility at  approximately 4:30 a.m. on August
15, 2000.  The unit where Mr. Lazarecki was found was a 9 -foot-high by 11 1/2
-foot-wide by 11 -foot-deep stainless steel chamber used to test equipment
under extreme cold weather conditions.
    The complaint alleges that Defiance willfully and maliciously subjected
Mr. Lazarecki to a dangerous work environment that it knew would cause certain
injury.  In addition the complaint alleges that Defiance, in anticipation of
litigation, and only weeks after the death, deliberately destroyed the steel
chamber itself -- a material piece of evidence -- and that this prevented a
thorough investigation into the facts and circumstance surrounding Mr.
Lazarecki's tragic death.
    Mr. Lazarecki was working at Defiance while he was completing his degree
at Wayne State University to become an engineer.  Previously he worked at
Lear Corporation for four-and-a-half years.  At the time of his death, Mr.
Lazarecki was 30 years old and he had been working at Defiance for
approximately 5 weeks.
    Defiance had been hired by Visteon (Ford Motor Company's former parts
division) to test various modifications to the steering column system used on
all current make and model Ford Explorers.  The changes were designed to
prevent the steering column and key ignition from freezing in extreme cold
weather situations.  According to the testing protocol specified by Visteon,
Defiance was required to perform the test in an enclosed environment which
was at least -36 degrees F.
    Defiance was under a strict timetable to complete the testing since
production on all Ford Explorers had been halted until Visteon corrected the
problem.  To complete the testing within the prescribed time, Defiance was
operating all four of its environmental test chambers 3 shifts a day 7 days a
week.
    Several weeks prior to Mr. Lazarecki's tragic death, workers complained
that the test chamber where Mr. Lazarecki was later found was not working
properly, in that it took an abnormal amount of time to cool down.  A local
contractor determined that the chamber system was too old, outdated, and
unsafe for continued use.  The suit alleges, that, despite these blatant
warnings, Defiance continued to use the chamber and, worse, installed its own
supplemental "Nitrogen Boost" system to accelerate the cooling process inside
the chamber.  The boost system utilized nitrogen gas from a nearby LN2 (Liquid
Nitrogen) tank.  Once vaporized, nitrogen gas (a known asphyxiant) was pumped
into the chamber where it caused a rapid cooling of the air temperature by
absorbing the ambient heat.
    The complaint alleges that the "Nitrogen Boost" was not suitable for use
in an enclosed or confined workspace, since nitrogen gas can displace the
amount of available atmospheric oxygen (i.e. inerting the atmosphere).  Where
there is a total displacement of oxygen in a confined space, an exposed
individual will experience immediate loss of consciousness and death.
Furthermore, nitrogen gas is undetectable by human senses since it is
colorless, tasteless, and odorless.
    On the evening in question, Mr. Lazarecki informed his boss, Michael
Haley, that the testing components inside the test chamber kept freezing up.
Aware of the potentially hazardous environment, Mr. Lazarecki was instructed
to enter the chamber and fix the problem.  Around 1 a.m., Mr. Lazarecki
disconnected the "Nitrogen Boost," put on the necessary protective clothing,
and entered the chamber.  Immediately upon his entry, Mr. Lazarecki was
overcome by the concentration of nitrogen gas and lost consciousness.  At 4:30
a.m., a co-worker entered the area and observed Mr. Lazarecki lying
unconscious on the floor.  Efforts to revive Mr. Lazarecki were unsuccessful
and he was pronounced dead at 5:08 a.m.
    Gerard Mantese, the attorney for the family, said: "By injecting nitrogen
gas into a confined work space, Defiance created a 'gas chamber' that spelled
certain death for Mr. Lazarecki.  Mr. Lazarecki simply had no chance of
surviving.  We allege that, based on the circumstances, Mr. Lazarecki's death
was not only foreseeable, but inevitable."
    Following Mr. Lazarecki's death, Defiance was aware that an investigation
was imminent.  In fact, the police began their investigation that same morning
and MIOSHA inspectors arrived two days later to conduct their investigation.
In order to obtain a conclusive determination as to the cause of Mr.
Lazarecki's asphyxiation and resulting death, it was necessary to inspect the
test chamber.  The facts and information obtained from such an inspection
would have been helpful for the Lazareckis' lawyer to demonstrate a claim
against Defiance.  Yet, the suit alleges that, within a few weeks of the
death, and without allowing an opportunity to inspect the test chamber,
Defiance willfully and intentionally disposed of the unit, thereby preventing
any further investigation into the cause and circumstances surrounding Mr.
Lazarecki's asphyxiation and resulting death.
    On November 13, 2000, Defiance was cited for 12 serious violations of
Michigan's Occupational Safety and Health Act.  A serious violation is defined
as one in which there is a substantial probability that death or serious
physical harm could result, and the employer knew, or should have known of the
hazard.  Although numerous investigations were pending, Defiance immediately
removed and destroyed the test chamber making it impossible to verify whether
the unit was functioning properly.
    Mr. Mantese further said:  "Defiance deliberately disregarded the safety
of its employees.  When Defiance modified the chamber with a supplemental
nitrogen gas system, Defiance created a 'death trap,' from which Mr. Lazarecki
had no chance of escape."