Warner Lambert Co.

Description

Six workers were killed and at least 50 other workers were injured in an explosion and fire at the chewing-gum manufacturing plant where they were employed. A small explosion believed to be caused by the liquid nitrogen's liquefaction of oxygen set off another explosion of dust surrounding the machinery that was composed primarily of magnesium stearate. In 1975, prior to the explosion, the company's insurance inspector noticed a lot of magnesium stearate dust in the factory and required the company install an effective exhaust system and better insulate electrical connections to prevent an explosion. Although the company made some minor changes, it did not stop production or make safety improvements. Federal OSHA had inspected the facility several months before the incident but only conducted a record review, which found that records were not properly maintained. OSHA did not inspect the plant.

Prosecutors:
District Attorney John J. Santucci
Incident Type: Fire/ Explosion
County: Queens
State: NY
Date: Nov. 21, 1976
Additional Materials
Folder for Warner Lambert Co. materials
Available Case Materials Include:
Case/Court Decisions Media Clips & Gov't. Press Other Materials
Contact for Additional Information:
Unavailable
Victims
First Last Age Title Employer Injury Type
Miriam Munoz 36 Unavailable Warner Lambert Fatality
Unavailable Unavailable Unavailable Unavailable Warner Lambert Fatality
Samuel Agyekum 34 Unavailable Warner Lambert Fatality
Ruben Gonzalez 34 Unavailable Warner Lambert Fatality
Unavailable Unavailable Unavailable Unavailable Warner Lambert Fatality
Unavailable Unavailable Unavailable Unavailable Warner Lambert Fatality
Unavailable Unavailable Unavailable Unavailable Warner Lambert Injury
Defendants
Name Type Title Plea Info. Conviction Sentence
Arthur Kraft Individual Vice President of Manufacturing, American Chicle Division Unavailable Charges dismissed by State Supreme Court in Queens on ground of insufficient evidence. Reinstated by appellate division. The NY Court of Appeals then reversed and dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
Edward Harris Individual Director of Corporate Safety and Security, Warner Lambert Unavailable Charges dismissed by State Supreme Court in Queens on ground of insufficient evidence. Reinstated by appellate division. The NY Court of Appeals then reversed and dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
James O'Mahoney Individual Plant Manager, American Chicle Plant Unavailable Charges dismissed by State Supreme Court in Queens on ground of insufficient evidence. Reinstated by appellate division. The NY Court of Appeals then reversed and dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
John O'Rourke Individual Plant Engineer, American Chicle Plant Unavailable Charges dismissed by trial court. Reinstated by appellate division. The NY Court of Appeals dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
John O'Rourke Individual Plant Engineer, American Chicle Plant Unavailable Charges dismissed by trial court. Reinstated by appellate division. The NY Court of Appeals dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
John O'Rourke Individual Plant Engineer, American Chicle Plant Unavailable Charges dismissed by trial court. Reinstated by appellate division. The NY Court of Appeals dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None
Warner Lambert Co. Entity Entity Unavailable Charges dismissed by State Supreme Court in Queens on ground of insufficient evidence. Reinstated by appellate division. The NY Court of Appeals then reversed and dismissed the case, holding that the defendants could not be criminally liable because the triggering mechanism of the explosion was not identified, and there was no evidence that this was foreseeable or known to the defendants.
Crimes Charged: Penal Crimes: Second Degree Manslaughter (6 counts) (N.Y. Penal Law Sec. 125.15); Criminally Negligent Homicide (6 counts) (N.Y. Penal Law Sec. 125.10)
Other Crimes: None