Foundry Worker Receives Over $1,000,000 Settlement In Civil Case
Attorney: Partner, Civil Department, Rose, Klein & Marias LLP
The Client was employed by Pacific Southern Foundry from 1970 until 1985. He worked as a grinder and a utility man. As a grinder he would use stationary and portable hand grinders to complete castings. He also worked as a sandblaster and operated the shot blasting machines. As a result of these jobs, the client was constantly working with and around sand and dust containing silica during the performance of his work. Silica sand was used in most of the operations conducted at the foundry.
Due to the client’s exposure to silica, he developed a specific type of scarring of the lungs; a disease known as silicosis. He also developed lupus, an auto-immune disease that affects the skin and body tissue. His lupus was treated with Prednisone, which resulted in the need for two hip replacements and cataract surgery.
Rose, Klein and Marias filed a lawsuit on the client’s behalf against various companies alleging that they were responsible for the client’s exposure to silica and the resulting injuries. The defendants in this law suit fell into the following categories:
- Manufacturers and/or suppliers of silica sand or silica containing materials used in the foundry for sandblasting and core making
- Manufacturers of machinery used for sandblasting and shot blasting at the foundry.
- Manufacturers of respiratory protection devices made available to the plaintiff for use to protect him from exposure to silica dust.
- Manufacturers of grinding tools and grinding wheels, which tools when used produced respirable silica and other harmful dust.
The lawsuit alleged that the manufacturers and suppliers of the sand, the machinery, grinding tools, and respiratory devices failed to provide necessary warnings concerning the potential health hazards associated with exposure o these products and also failed to instruct as to how these products could be used in a safe manner.
Just before the matter was to go to trial, the various defendants offered to pay settlements that totaled over $1,000,000.