Tellez v. Dole

VERDICT

Trial
07/19/07 – 11/05/07

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Summary

The plaintiffs were Nicaraguan banana plantation workers who allegedly were exposed to dangerous levels of the pesticide 1,2-dibromo-3-chloropropane ("DBCP") by dermal contact, inhalation, and by drinking water contaminated with DBCP. As a result , the plaintiffs allegedly suffered testicular damage and sterility.

According to the plaintiff, Dow Chemical warned Dole, more than a decade before the plaintiffs were exposed, that DBCP caused reproductive harm at five parts per million, and Dole knew that Dow had called for exposure levels below 1 ppm (although Dow allegedly had not in fact tested to a nil effect level).

Nonetheless, the plaintiffs said, the workers were exposed to levels that Dow had indicated were dangerous, and that Dole knew would cause harm. The banana plantation workers allegedly walked into sprayed areas and and became wet with DBCP spray. The workers also attempted to work in, and they breathed DBCP vapors from, sprayed areas. Finally, night time breezes allegedly blew DBCP spray vapor to where the workers were sleeping, and they would inhale these vapors. Dole allegedly failed to test their workers for DBCP exposure or sterility, and continued to use DBCP from 1973-1980.

The defense argued that Dole believed that DBCP could be safely used, and that DBCP was in fact safely used (plaintiffs were not exposed to harmful levels of BCP), that DBCP use was warranted to combat nematodes, and that DBCP exposure did not cause the plaintiffs' sterility or low sperm count.

Outcome

Julio Clairo: 688,000.00- Damages, 500,000.00 Punitive, 20% Dow 80% Dole 0% Shell
Carlos Artiaga: 460,000.00- Damages, 500,000.00 Punitive, 20% Dow 80% Dole 0% Shell
Claudio Gonzalez: 688,000.00- Damages, 500, 40% Dow 60% Dole 0% Shell
Matilde Lopez: 311,200.00- Damages, 500,000.00 Punitive, 20% Dow 80% Dole 0% Shell
Jose Guteriez: 517,600.00- Damages, 500,000.00 Punitive, 20% Dow 80% Dole 0% Shell
Jose Rojas Laguan: 834,000.00- Damages, 500,000.00 Punitive, 20% Dow 80% Dole 0% Shell

Total Damages:3,290,800.00
Total Punitive: 2,500,000.00

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$5,790,800
Judge
Victoria Chaney
Jurisdiction
Superior Court of California, Los Angeles
Court
Central Civil West Courthouse
Case Number
BC312852
Industry
Chemical
Practice Area
Products Liability, Toxic Torts, Agriculture Law, Mass Torts, Environmental Law
Plaintiff
Tellez, Jose
Defense
Dole Fresh Fruit Company
Defense
Dow Chemical Co
Expert Witnesses
Lay Witnesses

Sessions

JUL
19
JUL
20
JUL
24
JUL
25
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JUL
26
JUL
27
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JUL
30
JUL
31
AUG
1
AUG
2
AUG
3
AUG
6
PM Session
Plaintiff Witness(es)
3 Chapters
AUG
7
AUG
8
AM Session
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PM Session
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AUG
10
PM Session
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AUG
13
AUG
14
AUG
15
AUG
16
AUG
17
SEP
4
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5
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6
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7
SEP
10
SEP
11
SEP
12
SEP
13
SEP
14
SEP
17
SEP
18
SEP
19
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20
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21
SEP
24
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25
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26
SEP
27
SEP
28
OCT
1
OCT
2
OCT
3
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OCT
4
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OCT
5
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OCT
8
PM Session
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OCT
9
OCT
10
PM Session
Closings
3 Chapters
OCT
11
PM Session
Verdict
3 Chapters
NOV
5
NOV
6
AM Session
Verdict
3 Chapters
NOV
7
PM Session
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NOV
8
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NOV
9
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NOV
12
PM Session
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AM Session
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NOV
13
NOV
14
NOV
15

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