Articles Posted in Chemical Exposure Injuries

by

The plaintiff Stephen Limoges claimed that he suffered significant pulmonary injuries as a result of inhaling the toxic fumes following a chemical spill. Plaintiffs brought suit against three different entities, including Arden Engineering Constructors LLC, alleging that they were individually and collectively responsible for Limoges’s injuries. Mr. Limoges was an employee of the State of Rhode Island as an Assistant Administrator to Facilities and Operations. His duties included overseeing the heating, ventilation, and air conditioning systems (HVAC) in the state’s courthouses.  The Limoges lawsuit claimed that on August 8, 2008, a pipe that carried bromine in the HVAC system at a judicial complex in Providence ruptured causing a chemical spill.  When this pipe burst, Mr. Limoges rushed to the scene to stop the leak.  Limoges asserted that while he was trying to stop the leak, he inhaled bromine which caused his serious pulmonary injuries.  Limoges’ wife was a party plaintiff in this case claiming loss of consortium.

Arden Engineering filed a motion for summary judgment, which the trial level judge granted. Limoges appealed, arguing that that the court made an improper credibility assessment about the affidavit of the Limoges expert and because the judge overlooked material issues of fact that were in dispute. Arden had argued that the Limoges expert’s affidavit was false and that the expert did not provide a basis for his opinions.  Arden maintained that this expert’s affidavit was completely failed to identify one fact which would make Arden responsible, let alone owe a duty to Limoges.

Limoges argued that the expert’s affidavit was sufficient to establish duty and breach, particularly at the summary-judgment phase of the proceedings.

The state Supreme Court vacated the judgment of the superior court, holding that the plaintiff’s expert’s affidavit, combined with the documents that were available to the hearing justice, raised a material  issue of fact as to whether Arden Engineering was responsible for Limoges’s injury.  The attorney representing the Limoges family was Amato A. DeLuca of Providence, RI.

 

Continue reading

by

West Side Salvage had insurance coverage from RSUI Indemnity that included $12 million in liability insurance and a secondary level of $11 million in coverage. The underlying lawsuit involved the injuries to John Jentz and Robert Schmidt who were severely injured when a grain elevator exploded. ConAgra was the owner of the storage grain elevator and hired West Side Salvage to eliminate explosive hazards. When Jentz and Schmidt sued ConAgra and West Side, ConAgra sued the independent contractor.

During trial, it seemed that the defense witnesses were ineffective. There was a “scramble” to settle the case.

“It is clear from the record that every attorney who worked on this case thought at one time or another that there should have been a way to settle the case,” wrote Chief U.S. District Court Judge Michael J. Reagan. “Emails and letters during the trial showed the insistence of various parties on finding a way to settle, and the deposition testimony and declarations of lawyers reflect almost a sense of remorse that settlement never was achieved in the underlying litigation.”

Continue reading

by

Juan Suarez used Goof Off, an extremely flammable product made by the defendant W.M. Barr & Co., to remove paint from a basement floor. While he was removing the paint, a fire erupted in the basement and severely burned him. Suarez and his wife sued W.M. Barr claiming it chose not warn and for failing by producing a defective product design under Illinois law. After the U.S. District Court granted summary judgment in favor of Barr, the Suarezes appealed to the U.S. Court of Appeals in Chicago.

The appeals panel concluded that the district judge appropriately rejected the Suarezes’ failure-to-warn claim. The warning label on the Goof Off can adequately identified the product’s principal hazards, as well as the precautionary measures to be taken while using the product.

However, the appeals panel reversed and remanded the district court’s rejection of the Suarezes’ design defect claims under both strict liability and negligence. The Suarezes have adequately shown that the fire may have been caused by static sparks created when Juan agitated Goof Off with a brush, as the warning label instructed.

Continue reading

by

An Illinois jury has entered a $7.5 million verdict against a railroad company for the injuries to a worker exposed to benzene. The worker had been employed by two different railroad companies over 30 years. His job included loading and unloading creosote-soaked railroad ties, which caused him to be covered in wet creosote. Creosote contains benzene, which is a known carcinogen.  This worker was diagnosed with myelodysplastic syndrome (MDS), which later progressed into acute myeloid leukemia (ACL). This occurred in 2008.

The worker filed his lawsuit in 2010 claiming that he developed leukemia (ACL) as a result of his long-term exposure to the benzene and other chemicals while working for the predecessor railroad company.

At trial, it was heard that the predecessor railroad knew of the dangers of benzene exposure as early as the mid-1980s. At that time, the U.S. Environmental Protection Agency (EPA) sent a memo advising the company that it needed to comply with certain safety regulations, including providing employees with adequate protective equipment such as boots, gloves, respirators and goggles. The worker in this case argued that the railroad company did not comply with these regulations.

Continue reading

by

Dennis Seay worked for Daniel Construction Co., which was a contractor for Celanese Corp. From 1971 through 1980, he did maintenance work at the Celanese polyester fiber plant located in Spartanburg, S.C. Seay was exposed to asbestos-containing products while working at Celanese. The different jobs that Seay had included handling various brands of gaskets, packing and insulation manufactured by John Crane Inc. and others for use on and in equipment throughout the Celanese plant.

In 2013, Seay at age 69 was diagnosed with mesothelioma. Seay underwent 3 procedures to reduce the size of his tumor and multiple procedures to drain fluid from his lung, which had collapsed on various occasions. Seay unfortunately died the following year at age 70. He was survived by his wife, two adult sons and one adult daughter.

Seay’s daughter, individually and on behalf of his estate and his wife, sued Celanese Corp. alleging that the company was aware of exposure to asbestos products used throughout the plant but chose not to warn of the dangers or to take other steps to protect workers like Seay. The Seay family contended that Celanese was in complete control of the plant and was responsible for auditing the safety program provided by Seay’s employer to ensure that it was adequate.

Continue reading

by

There were eight cases, all involving claims by or on behalf of the estates of now deceased former workers of the defendant Weyerhaeuser Co. The former workers had claimed that their nonoccupational exposure to asbestos was the cause of their injuries and subsequent deaths.

Weyerhaeuser operated a door manufacturing facility in Marshfield, Wis., from 1960 to 2000. It was there that the company manufactured wood products with multiple operations and divisions on that site. The defendant manufactured a door containing asbestos in the plant from 1968 until it stopped using asbestos in 1978.

The evidence in these cases showed that asbestos dust was emitted from the Weyerhaeuser plant. It was also shown that Weyerhaeuser hauled asbestos dust and scrap waste through landfills into the surrounding community. All of the eight plaintiffs in the case were employed by Weyerhaeuser at the Marshfield plant during the relevant time period assigned to varying job duties.

Continue reading

by

There are more than 1,200 lawsuits pending against Johnson & Johnson by women who used talc powder products for feminine hygiene and now claim they developed ovarian cancer.

In a three-week trial in Missouri state court, the jurors deliberated for a day before returning a verdict in favor of the plaintiff. This is the second St. Louis, Mo., trial regarding Johnson & Johnson and baby powder talc.

In this case, Johnson & Johnson was ordered to pay a total of $55 million to Gloria Ristesund of South Dakota. The jury’s verdict was made up of $5 million in compensatory damages and another $50 million in punitive damages. This verdict was entered just four months after Johnson & Johnson lost a $72 million lawsuit involving the same Johnson & Johnson baby powder talc, which has been associated with ovarian cancer.

Continue reading

by

James Folta was diagnosed with mesothelioma 41 years after he was alleged to have been exposed to asbestos fibers while working for Ferro Engineering.

Because Section 6(c) of the Illinois Workers’ Occupational Diseases Act bars asbestos claims unless they are filed with the workers’ compensation commission within 25 years of the last on-the-job exposure to asbestos, Folta’s only ground for recovering from Ferro was to argue that the exclusive-remedies provisions in the Workers’ Compensation Act and the occupational diseases statute do not apply on the grounds that his injury was “not compensable.”

The Illinois Supreme Court explained in Meerbrey v. Marshall Field & Co., 139 Ill.2d 455 (1990), that the exclusive-remedy section of the compensation statute does not bar a tort case against an employer if “the employee-plaintiff proves: (1) that the injury was not accidental; (2) that the injury did not arise from his or her employment; (3) that the injury was not received during the course of employment; or (4) that the injury was not compensable under the act.” Meerbrey, 139 Ill.2d at 463, citing Collier v. Wagner Castings, 81 Ill.2d 229 (1980).

Continue reading

by

Kent Higgins, along with his wife and two children, visited Holiday World & Splashin’ Safari amusement park. During their stay, the filter pump connected to the park’s lazy river ride malfunctioned due to a tripped circuit breaker.

While the park’s staff worked on fixing the problem, pool chemicals, which included bleach and hydrochloric acid, accumulated into the pump. When the pump restarted, these chemicals discharged into the water and a cloud of chlorine gas was released in the air.

Although at the time the chlorine gas was released, the Higginses were far enough away from the area, a niece of theirs was much closer. The Higginses received a call alerting them that the niece was in trouble, which prompted them to head in that direction. When they arrived, Kent Higgins inhaled an unspecified amount of chemical fumes that lingered in the air. Higgins visited the emergency room that day and was diagnosed with having a mild chemical exposure.

Continue reading

by

Carl Rogers had been working at a tire plant owned by Kelly-Springfield Tire Co., which is a Goodyear Tire & Rubber Co. subsidiary. He started working at the plant in 1969 and left employment after just one year. He returned to work there in 1975, and he continued working through the mid-1980s. Rogers worked with various tire-building machines but also used asbestos-containing brake assemblies.

He was exposed to asbestos during his ongoing repair and replacement of asbestos pipe installation at the Goodyear plant.

In August 2008, he was diagnosed with mesothelioma as a result of being exposed to asbestos. He died the next year at the age of 60 survived by his wife and two adult daughters. His paid medical expenses stipulated at the jury trial were $170,000.

Continue reading