$241M Illinois Verdict in Dry Ice Wrongful Death

An Illinois jury awarded $241 million after a courier died from alleged carbon dioxide exposure while transporting dry ice without adequate safety warnings.

ByZach Barreto

Published on

Cargo Van

A Madison County, Illinois, jury returned a $241 million wrongful death verdict to the family of Eric Johnson, a courier who died after being exposed to carbon dioxide released from dry ice while transporting frozen goods. The February 27, 2026, verdict in Edwardsville included $49.5 million in compensatory damages and $191.5 million in punitive damages against Prairie Farms Dairy Inc. The case centered on whether Prairie Farms and its subsidiary, PFD Supply, failed to implement and communicate basic safety protocols for transporting dry ice in a confined vehicle environment. The lawsuit, filed in 2017, followed Johnson’s August 2016 collapse during a delivery route originating at a St. Charles, Missouri facility.

The Incident and Alleged Exposure to Dry Ice Hazards

According to the complaint, on the morning of August 5, 2016, 64-year-old Eric Johnson arrived at PFD Supply’s St. Charles, Missouri facility for a courier assignment arranged through CJS Express, a third-party delivery company. The load consisted of four coolers of frozen strawberries packed with dry ice for transport to Fayetteville, Arkansas. The suit alleged that a PFD Supply employee loaded or assisted in loading the coolers into Johnson’s vehicle and that no one provided warnings or instructions on how to safely transport dry ice, including ventilation needs and the risk posed by carbon dioxide accumulation in a confined space—an issue often evaluated by industrial hygiene experts.

Approximately 90 minutes after he intended to depart, Johnson’s vehicle was found still running in a parking lot near a St. Charles highway, with Johnson unconscious and slumped over the steering wheel. First responders initiated CPR and transported him to a nearby hospital, where he died three days later. The pleadings and trial record referenced an officer’s report that he detected a strong, sharp odor consistent with a high concentration of carbon dioxide inside the vehicle, underscoring the theory that sublimating dry ice displaced oxygen in the passenger compartment. The family asserted Johnson had no pre-existing health conditions that would explain the episode absent the alleged exposure.

Wrongful Death Claims and the OSHA Hazard Communication Theory

The family’s 2017 lawsuit named PFD and its parent, Prairie Farms Dairy Inc., alleging the defendants knew or should have known that dry ice is solid carbon dioxide and that off-gassing can cause rapid loss of consciousness or death by asphyxiation in confined or poorly ventilated areas. The complaint framed the duty as a safety and warning obligation tied to foreseeable risks when dry ice is placed in a vehicle for extended transport. The plaintiffs contended Johnson was sent on the route without training, written protocols, or practical guidance on ventilation and handling, and that the failure to warn was a substantial factor leading to the fatal exposure.

At trial, the plaintiffs emphasized evidence that Prairie Farms was responsible for safety protocols at PFD Supply and failed to implement a hazard communication program consistent with OSHA’s Hazard Communication Standard, 29 C.F.R. § 1910.1200, addressing the hazards of dry ice and carbon dioxide, including whether warnings for hazardous chemical products were adequate for foreseeable transport risks. The record presented to the jury included prior OSHA citations involving the standard before the incident and additional citations after Johnson’s death—an area where OSHA, ANSI, and building code experts are in demand . Plaintiffs argued the pattern supported a finding that safety compliance measures were not implemented even after known risks were identified, a framing that also informed the punitive damages request.

Trial, Damages, and the Jury’s $241 Million Verdict

Trial began February 19, 2026, in Madison County Circuit Court before Judge Dennis Ruth. The plaintiffs sought compensatory damages for the family’s losses and punitive damages tied to alleged reckless indifference in training and hazard communication. The evidentiary dispute focused on responsibility for protocols at the facility and whether the defendants failed to provide adequate warnings about carbon dioxide buildup risks during transport. As stated by plaintiff’s counsel Patrick A. Salvi II in a statement after the verdict, “Despite fully understanding the dangers of transporting dry ice in a subcompact vehicle, Prairie Farms Dairy never ensured training, written protocols, or that any warnings would go to Mr. Johnson regarding the serious risks involved.”

The jury awarded $49.5 million in compensatory damages and $191.5 million in punitive damages, for a total of $241 million against Prairie Farms Dairy Inc. The damages presentation also addressed the family’s dependence on Johnson and the practical consequences of his death, including testimony that his widow, Paula Johnson, closed her sewing business to manage CJS Express and care for two disabled children. In a statement, Paula Johnson said the verdict reflected the seriousness of the loss and the importance of communicating hazards involving dangerous chemicals. The size of the punitive component signals how jurors may evaluate alleged safety program gaps when evidence suggests repeated regulatory citations and continued exposure risks, often litigated with support from toxicology experts and other professionals focused on establishing causation in tort cases.

Case Details

Case Name: PAULA JOHNSON, on behalf of herself and Children of ERIC JOHNSON, Deceased; and as Administrator of the Estate of ERIC JOHNSON, Deceased, v. PRAIRIE FARMS DAIRY, INC., an Illinois dairy farmer cooperative and corporation, et al.

Court Name: Madison County Circuit Court

Case Number: 2017 L 001562

Plaintiff Attorney(s): Salvi, Schostok & Pritchard, P.C.

Defense Attorney(s): HeplerBroom LLC

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, and defective products. His skills are particularly evident in handling complex litigation matters, including high-profile cases such as opioids litigation, NFL concussion litigation, California wildfires, 3M earplugs, Elmiron, transvaginal mesh, Roundup, Camp Lejeune, hernia mesh, IVC filters, Paraquat, Paragard, talcum powder, and Zantac.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ. Zach holds a Bachelor's Degree in Political Science and European History from Vanderbilt University.

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