On Jan. 9, 2014, a tank at Freedom Industries in Charleston, W.Va., leaked coal-cleaning chemicals into the Elk River about a mile and a half upstream from a water treatment plant. Tap water in the area began to smell like licorice. The water also had a blue-green color. Drinking the…
Articles Posted in Chemical Exposure Injuries
Company’s Resistance to Produce Documents in Toxic Tort Case Was Determined to Be Not Privileged
In a case that involved thousands of toxic tort liability cases, the Illinois Appellate Court has ruled that an industrial manufacturer must turn over documents it alleged were privileged to a company indemnifying it. In March 1999, automotive systems manufacturer BorgWarner Inc. acquired Kuhlman Corp. and its subsidiaries, including Kuhlman…
Illinois Appellate Court Reverses Dismissal of Asbestos-Injured Employee
James Folta had stopped working at Ferro Engineering 41 years before he was diagnosed with peritoneal mesothelioma. He claimed that while working for Ferro Engineering he was exposed to “tremendous amounts of airborne asbestos fibers.” According to the lawsuit, Folta knew that exposure to asbestos dust was dangerous, but Ferro…
Above-Ground Gasoline Storage Tank Explosion Case is Settled Before Trial
A BP gas station was having its above-ground storage tank filled with gasoline by a petroleum company and its driver. David Cowles, 61, was the delivery driver for a petroleum company filling the storage tank at the BP gas station when one of the tanks overflowed. The gasoline vapors ignited…
Jury Finds for Shipper in Worker Exposed to Toxic Fumes at Railyard
In August 2008, 30-year-old Kevin Harrison was working for Norfolk Southern Railway when he was exposed to acid fumes from a leaking barrel at Norfolk’s rail yard in Hammond, Ind. The acid had been shipped from Michigan in an inter-modal container owned by the defendant K Line America, which is…
U.S. Court of Appeals Reverses on Admissibility of Expert Testimony in Benzene Case
The U.S. Court of Appeals for the 7th Circuit in Chicago reversed a district court decision granting summary judgment where the court found that the expert testimony for the plaintiff was unreliable. Donald Schultz was a painter for American Motors Corp. from 1981 until 1989. Benzene was a substance in the paint…