Triumph Foods and Missouri Gas Energy waited until the final hours before their jury trial was set to begin before reaching a settlement Monday.

The pork company was suing the natural gas provider in Buchanan County Circuit Court for $19.9 million, stemming from a 2005 explosion that killed one person during the construction of the St. Joseph pork plant. Jury selection for their trial was set for 9 a.m. Monday before the two sides reached an agreement earlier in the day.

"I can say that we're pleased that it has settled," said Patt Lilly, Triumph's chief administrative officer.

Mr. Lilly declined to comment on the specifics of the settlement.

Triumph already settled with the other insurance companies, contractors and subcontractors involved in the facility's construction, but the pork producer and MGE appeared to reach an impasse two months ago.

Mr. Lilly told the News-Press in September that the two sides broke off negotiations, and Judge Weldon Judah set the lawsuit for a jury trial to begin Nov. 1. Triumph and MGE were back in court Oct. 16 for a pretrial conference, arguing for more than 40 expert witnesses to be accepted for or excluded from the trial.

Triumph wanted $7.9 million in damages and $12 million in profits the company lost by delaying its opening for 62 days. Triumph's attorneys argued MGE was responsible for not warning the pork company and its contractors that new steel pipes can absorb the natural gas' odor. Triumph attorney Mark Gottlieb said that had the company known about that possibility, it would have required spot testing as a safety precaution.

MGE attorney Vincent McCarthy argued since the natural gas was in Triumph's possession, the responsibility and damages for the explosion should fall on the pork producer. He told the court it was Triumph's job to maintain the pipeline.

Neither attorney returned messages from the News-Press on Monday afternoon.

Last year, the 20 workers injured or killed in the accident reached a $12.25 million settlement, of which Triumph agreed to pay $1.25 million. The pork company filed its own lawsuit, as well, against those insurers, contractors and subcontractors involved. Monday's settlement finally should bring an end to the litigation, from Triumph's point of view, in regard to the 2005 explosion.

"The explosion was a terrible beginning for Triumph Foods and one that was tragic," Mr. Lilly said. "Certainly as we have been able to go along and get these legal matters behind us, there is a sense of moving on. Certainly that has been a positive."

R.J. Cooper can be reached

at rjcooper@npgco.com.