Thomas v. Lincoln Electric

VERDICT

Trial
01/14/09 – 02/11/09

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Summary

Welder Butch Thomas allegedly suffered irreversible neurological damage (Parkinson's Disease or Parkinsonism) from Manganese poisoning, which would ultimately result in his death, as a result of toxic Manganese gas emitted by welding rods during the 1970's and 1980's. Thomas used welding rods provided by Lincoln Electric, Hobart, and ESAB.

According to the plaintiff, Lincoln Electric admitted that they had known about the dangers of Manganese gas since the 1940's, but attempted to minimize the risk, rather than effectively warn. A warning label added in 1967 did not include the word "Manganese" and was not placed where the worker was likely to see it. The plaintiff asserted that this was a conscious, intentional decision to deny the worker his right to know.

Documents showed that in 1981 the America Welding Society knew that Manganese fumes were dangerous to welders even at low levels, and that safety warnings requiring "adequate" ventilation were ambiguous and did not reach the welder. Labels mentioning the word "Manganese" did not appear until the late 1990's or after 2000.

The defense argued that the industry provided ample safety warnings and ensured that adequate information was disseminated in the community at all times. "No one hid one bit of information from anybody."

In addition, according to the defendant, Thomas was never exposed to Manganese at toxic levels, and a different warning label would not have convinced Thomas not to weld because Thomas chose not to read the labels that were there.

The jury found that the defendants failed to adequately warn of the dangers, but that the lack of an adequate warning was not a substantial cause of harm to the plaintiff.








Outcome

Lincoln Electric failed to adequately warn of dangers but did not cause substantial harm.

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Robert Freedman
Jurisdiction
Superior Court of California, Alameda County
Court
Alameda County Court - Administration Building
Case Number
RG06272122
Industry
Construction
Practice Area
Toxic Torts, Products Liability, Tort Law
Plaintiff
Thomas, Elbert
Defense
Lincoln Electric Company
Expert Witnesses
Lay Witnesses

Sessions

AM Session
In Session - No Content Available
0 Chapters
PM Session
In Session - No Content Available
0 Chapters
JAN
15
JAN
20
JAN
21
JAN
22
JAN
26
JAN
27
JAN
28
JAN
29
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
JAN
30
FEB
2
FEB
3
FEB
4
FEB
5
FEB
6
PM Session
Defense Witness(es)
1 Chapters
FEB
9
PM Session
Closings
2 Chapters
AM Session
Not in Session
0 Chapters
FEB
10
PM Session
Verdict
1 Chapters
FEB
11

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